State ex rel. Chapman v. Gallagher

[Cite as State ex rel. Chapman v. Gallagher, 2023-Ohio-379.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO EX REL.,
LITRELL CHAPMAN, :
Relator, :
No. 112156
v. :
JUDGE HOLLIE GALLAGHER, :
Respondent. :
JOURNAL ENTRY AND OPINION
JUDGMENT: WRIT DENIED
DATED: February 8, 2023
Writ of Mandamus
Motion No. 560390
Order No. 561623
Appearances:
Litrell Chapman, pro se.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and James E. Moss, Assistant Prosecuting
Attorney, for respondent.
SEAN C. GALLAGHER, P.J.:
Litrell Chapman, the relator, has filed a complaint for a writ of
mandamus. Chapman seeks an order from this court that requires Judge Hollie
Gallagher, the respondent, to issue a final appealable order in State v. Chapman,
Cuyahoga C.P. No. CR-96-345622(A). We decline to issue a writ of mandamus
because the request to require Judge Gallagher to issue a final appealable order is
moot and the complaint for mandamus fails to comply with R.C. 2969.25(C).
Attached to Judge Gallagher’s motion for summary judgment are
copies of judgment entries, journalized December 5, 2022, that indicate Judge
Gallagher “re-sentenced” Chapman. The journal entries set forth: (1) the sentencing
journal entry, journalized July 12, 2017, is vacated; (2) Chapman is resentenced; (3)
the counts and specifications of which Chapman was convicted; (4) the sentence
imposed by Judge Gallagher for each count and specification; (5) Judge Gallagher’s
signature; and (6) time stamp, by the clerk of courts, indicating entry upon the
journal. Judge Gallagher has issued a sentencing journal entry that complies with
Crim.R. 32(C) and R.C. 2505.02. See also State v. Lester, 130 Ohio St.3d 303, 2011-
Ohio-5204, 958 N.E.2d 142; State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330,
893 N.E.2d 63. Chapman’s request for a writ of mandamus is thus moot, and any
errors of law contained in the resentencing entries are subject to appeal. State ex
rel. Allen v. Goulding, 156 Ohio St.3d 337, 2019-Ohio-858, 126 N.E.3d 1104; State
ex rel. Culgan v. Kimbler, 132 Ohio St.3d 480, 2012-Ohio-3310, 974 N.E.2d 88;
State ex rel. Hudson v. Sutula, 131 Ohio St.3d 177, 2012-Ohio-554, 962 N.E.2d 798.
In addition, Chapman’s complaint for mandamus is defective.
Chapman has failed to comply with R.C. 2969.25(C), which mandates that the
complaint contain a statement certified by the institutional cashier setting forth the
balance in the inmate’s account for the preceding six months of incarceration. State
ex rel. Swopes v. McCormick, Slip Opinion No. 2022-Ohio-4408; State ex rel. Neil
v. French, 153 Ohio St.3d 271, 2018-Ohio-2692, 104 N.E.3d 764. The failure to
comply with the mandatory requirements of R.C. 2969.25(C) requires dismissal of
the complaint for mandamus. Finally, the failure to comply with R.C. 2969.25(C)
cannot be cured by an amended complaint. State ex rel. Russell v. Ohio Dept. of
Rehab. & Corr., 161 Ohio St.3d 312, 2020-Ohio-4788, 162 N.E.3d 800; State ex rel.
Hall v. Mohr, 140 Ohio St.3d 297, 2014-Ohio-3735, 17 N.E.3d 581.
Accordingly, we grant Judge Gallagher’s motion for summary
judgment. Costs to Chapman. The court directs the clerk of courts to serve all
parties with notice of this judgment and the date of entry upon the journal as
required by Civ.R. 58(B).
Writ denied.
_______________________________
SEAN C. GALLAGHER, PRESIDING JUDGE
ANITA LASTER MAYS, A.J., and
EMANUELLA D. GROVES, J., CONCUR