Arnoff v. State ( 2020 )

[Cite as Arnoff v. State, 2020-Ohio-4175.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF LORAIN )
BRUCE ARNOFF
Relator C.A. No. 20CA011664
v.
STATE OF OHIO ORIGINAL ACTION IN
PROCEDENDO
Respondent
Dated: August 24, 2020
PER CURIAM.
{¶1} Relator, Bruce Arnoff, has filed a document captioned “Writ of Procedendo” with
the clerk for the Ninth District Court of Appeals. In his complaint, he alleges several concerns
involving this Court’s handling of his other cases in this Court and how the clerk of court of
appeals has handled various filings and orders. For the following reasons, we dismiss the
complaint sua sponte.
{¶2} Sua sponte dismissal of a complaint, without notice, is appropriate only if the
complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the
complaint. See, e.g., State ex rel. Duran v. Kelsey, 106 Ohio St.3d 58, 2005-Ohio-3674, ¶ 7. Mr.
Arnoff cannot prevail on the facts alleged in his complaint because he has not alleged an
actionable claim for a writ of procedendo in this Court.
{¶3} “Procedendo is an order from a court of superior jurisdiction to proceed to
judgment * * *.” State ex rel. Miley v. Parrott, 77 Ohio St.3d 64, 67, 1996-Ohio-350. “An
inferior court’s refusal or failure to timely dispose of a pending action is the ill a writ of
C.A. No. 19CA011664
Page 2 of 3
procedendo is designed to remedy.” (Citations omitted) Id. at 65. Thus, the writ of procedendo
is an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to
judgment. State ex rel. Sherrills v. Cuyahoga Cty. Court of Common Pleas, 72 Ohio St.3d 461,
462, 1995-Ohio-26.
{¶4} Mr. Arnoff’s complaint, in part, seeks a writ of procedendo from this Court,
directed to this Court, to enter orders in a manner that he would prefer. He has not asked this
Court to enter any orders directed to a court of inferior jurisdiction, which, as noted above, is the
purpose of a writ of procedendo. Mr. Arnoff’s complaint seeks relief that is beyond the authority
of this Court to grant through the writ of procedendo. Because Mr. Arnoff obviously cannot
prevail on the facts alleged in his complaint, sua sponte dismissal is appropriate.
{¶5} Mr. Arnoff’s complaint also seeks a writ of procedendo directed to the clerk of
the court of appeals for Lorain County. His complaint alleges that he has not received copies of
documents and he demands that this Court order the clerk to provide copies of various pleadings
and orders to him at no cost. The Lorain County Clerk of Courts is not a court and, therefore,
procedendo relief is not available. Because Mr. Arnoff obviously cannot prevail on the facts
alleged in his complaint, sua sponte dismissal is appropriate.
{¶6} Mr. Arnoff obviously cannot prevail on the facts alleged in the complaint.
Accordingly, sua sponte dismissal is appropriate. This case is dismissed.
{¶7} Costs are taxed to Mr. Arnoff.
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{¶8} The clerk of courts is hereby directed to serve upon all parties not in default notice
of this judgment and its date of entry upon the journal. See Civ.R. 58.
LYNNE S. CALLAHAN
FOR THE COURT
HENSAL, J.
SCHAFER, J.
CONCUR.
APPEARANCES:
BRUCE ARNOFF, Pro se, Relator.