State ex rel. Rice v. Mandros ( 2019 )

[Cite as State ex rel. Rice v. Mandros, 2019-Ohio-626.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
LUCAS COUNTY
State of Ohio, ex rel. André D. Rice Court of Appeals No. L-19-1015
Relator
v.
Honorable Judge Dean P. Mandros DECISION AND JUDGMENT
Respondent Decided: February 20, 2019
*****
André D. Rice, pro se.
*****
SINGER, J.
{¶ 1} Relator, André D. Rice, an inmate at the Trumbull Correctional Institution in
Trumbull County, Ohio, has petitioned for a writ of procedendo, requesting this court to
compel the trial court to make a ruling on his April 17, 2018 “post-conviction motion for
allied offenses merger resentencing.”
{¶ 2} “Procedendo is an order from a court of superior jurisdiction to one of
inferior jurisdiction to proceed to judgment.” State ex rel. Draper v. State, 10th Dist.
Franklin No. 07AP-357, 2007-Ohio-5581, ¶ 17, citing State ex rel. Sherrills v. Cuyahoga
Cty. Court of Common Pleas, 72 Ohio St. 3d 461, 462, 650 N.E.2d 899 (1995). “The writ
does not in any case attempt to control the inferior court as to what that judgment might
be.” Id. “A writ of procedendo is appropriate when a court has either refused to render a
judgment or has unnecessarily delayed proceeding to judgment.” Id.
{¶ 3} R.C. 2969.25 provides that, at the time of petitioning for a writ of
procedendo, an inmate must “file with the court an affidavit that contains a description of
each civil action or appeal of a civil action that the inmate has filed in the previous five
years in any state or federal court.” See Draper at ¶ 2-4 (dismissing because of failure to
comply with R.C. 2969.25).
{¶ 4} Here, we find relator failed to submit an affidavit as to prior actions.
{¶ 5} Accordingly, and based on the foregoing ground, we decline to issue the writ
and the petition is not well-taken and is denied. Relator is ordered to pay the costs of this
action. The clerk is directed to serve the parties with notice of this judgment and its date
of entry on the journal pursuant to Civ.R. 58(B).
Writ denied.
2.
State ex rel. Rice v. Mandros
C.A. No. L-19-1015
Mark L. Pietrykowski, J. _______________________________
JUDGE
Arlene Singer, J.
_______________________________
Thomas J. Osowik, J. JUDGE
CONCUR.
_______________________________
JUDGE
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.supremecourt.ohio.gov/ROD/docs/.
3.