State ex rel. Onunwor v. Fuerst , 2012 Ohio 1205 ( 2012 )

[Cite as State ex rel. Onunwor v. Fuerst, 2012-Ohio-1205.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97682
STATE EX REL.,
CLIFTON C. ONUNWOR
RELATOR
vs.
HONORABLE NANCY A. FUERST
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion Nos. 451075 and 450248
Order No. 452962
RELEASE DATE: March 20, 2012
FOR RELATOR
Clifton C. Onunwor, pro se
Inmate No. 572-374
Lebanon Correctional Instit.
P. O. Box 56
Lebanon, OH 45036
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
SEAN C. GALLAGHER, J.
{¶1} On December 9, 2011, the relator, Clifton Onunwor, commenced this
mandamus action against the respondent, Judge Nancy Fuerst, to compel the judge to rule
on a petition for postconviction relief which he filed on April 26, 2010, in the underlying
case, State v. Clifton Onunwor, Cuyahoga Cty. Common Pleas Court Case No.
CR-517054. On January 6, 2012, the respondent, through the Cuyahoga County
Prosecutor, moved for summary judgment on the grounds of mootness and procedural
defect. Onunwor never filed a reply. For the following reasons, this court grants the
Respondent’s motion for summary judgment and denies the application for a writ of
mandamus.
{¶2} Attached to the motion for summary judgment is a signed, file-stamped
January 6, 2012 judgment entry denying Onunwor’s petition for postconviction relief and
further providing findings of fact and conclusions of law. This judgment entry
establishes that the respondent judge has fulfilled her duty to rule on the subject petition
and that Onunwor has received the relief to which he is entitled.
{¶3} Relator also did not comply with R.C. 2969.25(C), which requires that an
inmate file a certified statement from his prison cashier setting forth the balance in his
private account for each of the preceding six months. This also is sufficient reason to
deny the mandamus, deny indigency status and assess costs against the relator. State ex
rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842. His
attempt to cure this defect was ineffective. Hazel v. Knab, 120 Ohio St.2d 22,
2011-Ohio-4608, 955 N.E.2d 378.
{¶4} Accordingly, this court grants the judge’s motion for summary judgment and
denies the application for a writ of mandamus.
{¶5} Writ denied.
{¶6} This court directs the Clerk of the Eighth District Court of Appeals to serve
upon the parties notice of this judgment and its date of entry upon the journal. Civ.R.
58(B).
{¶7} Relator to pay costs.
SEAN C. GALLAGHER, JUDGE
LARRY A. JONES, SR., P.J., AND
KATHLEEN ANN KEOUGH, J., CONCUR