DocketNumber: 97682
Citation Numbers: 2012 Ohio 1205
Judges: Gallagher
Filed Date: 3/20/2012
Status: Precedential
Modified Date: 10/30/2014
[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