Doleh v. Sutula

[Cite as Doleh v. Sutula, 2012-Ohio-6143.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98971
DOLEH DOLEH
RELATOR
vs.
HONORABLE JOHN D. SUTULA
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus and Procedendo
Motion No. 459500
Order No. 460799
RELEASE DATE: December 21, 2012
FOR RELATOR
Doleh Doleh
Inmate No. 631-152
Lake Erie Correctional Institution
P.O. Box 8000
Conneaut, Ohio 44030
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
Justice Center - 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
KENNETH A. ROCCO, P.J.:
{¶1} On September 20, 2012, the relator, Doleh Doleh, commenced this mandamus
and/or procedendo action to compel the respondent, Judge John D. Sutula, to rule on the
postconviction relief petition, which on December 10, 2010, Doleh filed in the underlying
case, State v. Doleh, Cuyahoga C.P. No. CR-531323. On October 18, 2012, the
respondent moved for summary judgment, inter alia, on the grounds of mootness.
Attached to the dispositive motion was a copy of a signed and file-stamped October 17,
2012 journal entry containing the findings of fact and conclusions of law denying Doleh’s
petition. Doleh never filed a response to the judge’s motion for summary judgment.
Thus, the journal entry establishes that the judge has fulfilled his duty to issue findings of
fact and conclusions of law and rule on the petition. Doleh has received his requested
relief, a resolution of his postconviction relief petition. This matter is moot.
{¶2} Although Doleh filed a poverty affidavit, he 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
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; and Hazel v. Knab, 120 Ohio St.2d 22, 2011-Ohio-4608, 955 N.E.2d 378.
{¶3} Accordingly, the court grants the respondent’s motion for summary judgment,
and denies Doleh’s application for an extraordinary writ. Relator to pay costs. The
court directs the clerk to serve upon the parties notice of this judgment and its date of entry
upon the journal. Civ.R. 58(B).
__________________________________________
KENNETH A. ROCCO, PRESIDING JUDGE
KATHLEEN ANN KEOUGH, J., and
EILEEN A. GALLAGHER, J., CONCUR