State ex rel. Spates v. Donnelly

[Cite as State ex rel. Spates v. Donnelly, 2015-Ohio-111.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101840
STATE EX REL. LAVELLE A. SPATES
RELATOR
vs.
HONORABLE MICHAEL P. DONNELLY
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 478632
Order No. 479930
RELEASE DATE: January 9, 2015
FOR RELATOR
Lavelle A. Spates, pro se #641-474
Trumbull Correctional Camp
P.O. Box 640
Leavittsburg, Ohio 44430
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant Prosecuting Attorney
Justice Center - 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
KENNETH A. ROCCO, J.:
{¶1} Lavelle A. Spates has filed a complaint for a writ of mandamus. Spates seeks an
order from this court that requires Judge Michael P. Donnelly to render a ruling with regard to a
“motion for an order to establish payment plan for court costs” filed in State v. Spates, Cuyahoga
C.P. Nos. CR-11-552263 and CR-13-571384. Judge Donnelly has filed a motion for summary
judgment, which we grant for the following reasons.
{¶2} Attached to Judge Donnelly’s motion for summary judgment is a copy of a judgment
entry, journalized on September 19, 2014, which demonstrates that a ruling has been rendered
with regard to Spates’s motion to establish a payment plan for court costs. Thus, the complaint
for a writ of mandamus is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common
Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5,
450 N.E.2d 1163 (1983).
{¶3} In addition, Spates’s complaint for a writ of mandamus is defective. Spates’s
complaint failed to comply with Loc.App.R. 45(B)(1)(a), which requires that his complaint
contain a sworn affidavit that specifies the details of his claim. State ex rel. Hopson v.
Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49;
State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124,
2009-Ohio-4688, 914 N.E.2d 402. Spates has also failed to comply with R.C. 2969.25(A),
which mandates that he provide this court with a sworn affidavit that contains a description of
each civil action or appeal of a civil action filed in the previous five years in any state or federal
court. State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d
830. Finally, Spates has failed to comply with R.C. 2969.25(C)(1), which mandates that he file
a statement setting forth his inmate account “for each of the preceding six months, as certified by
the institutional cashier.” State ex rel. Castro v. Corrigan, 129 Ohio St.3d 342,
2011-Ohio-4059, 952 N.E.2d 497.
{¶4} Accordingly, we grant Judge Donnelly’s motion for summary judgment. Costs to
Judge Donnelly. Costs waived. 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).
{¶5} Writ denied.
_____________________________________________
KENNETH A. ROCCO, JUDGE
FRANK D. CELEBREZZE, JR., P.J., and
EILEEN T. GALLAGHER, J., CONCUR