Moore v. State

2012 Ohio 1840

• Court: Ohio Court of Appeals
• Decided: April 23, 2012
• Docket: 98190
• Status: Published

Opinion

[Cite as Moore v. State, 2012-Ohio-1840.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98190

TERRANCE MOORE RELATOR

vs.

STATE OF OHIO RESPONDENT

JUDGMENT: WRIT DISMISSED

Writ of Mandamus Motion No. 453994 Order No. 454290

RELEASE DATE: April 23, 2012 FOR RELATOR

Terrance Moore, Pro Se Inmate No. 480-096 Marion Correctional Institution P.O. Box 57 Marion, OH 43301

ATTORNEY FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 MELODY J. STEWART, P.J.:

{¶1} Relator, Terrance Moore, is the defendant in State v. Moore, Cuyahoga

County Court of Common Pleas Case No. CR-445445. He is an inmate in a state

institution.

{¶2} Moore complains that the court of common pleas has not ruled on his motion

for mistrial. (A review of the docket in Case No. CR-445445 reflects that the motion

was filed on July 11, 2011 and remains pending.) Moore indicates that he is attempting

to get “mistakes” corrected. For the reasons stated below, we dismiss this action sua

sponte and deny Moore’s claim of indigency.

{¶3} Actions in mandamus must be “in the name of the state on the relation of the

person applying, and verified by affidavit.” R.C. 2731.04. Moore merely captioned

this action as “Moore v. State.” Additionally, Moore has not verified the complaint by

affidavit nor has he complied with the requirement of Loc.App.R. 45(B)(1)(a) that a

complaint “be supported by an affidavit from the plaintiff or relator specifying the details

of the claim.” He also did not include the addresses of the parties in the caption as

required by Civ.R. 10(A). Similarly, Moore did not comply with R.C. 2969.25(A)

which requires that an inmate commencing an action “shall file with the court an affidavit

that contains a description of each civil action or appeal of a civil action that the inmate

has filed in the previous five years in any state or federal court.” Any of these provides

a ground for dismissal. Jordan v. Cuyahoga Cty. Court of Common Pleas, 8th Dist. No.

96013, 2011-Ohio-1813. {¶4} Additionally, Moore “failed to support his complaint with a statement setting

forth the balance in his inmate account as certified by the institutional cashier. See R.C.

2969.25(C). As a consequence, we deny his claim of indigency.” (Citation omitted.)

Id. at ¶ 5. Likewise, we must also deny Moore’s claim of indigency.

{¶5} Accordingly, we sua sponte dismiss Moore’s request for relief in mandamus.

Relator to pay costs. The court directs the clerk to serve notice of this judgment and

date of entry upon all parties pursuant to Civ.R. 58(B).

{¶6} Complaint dismissed.

MELODY J. STEWART, PRESIDING JUDGE

SEAN C. GALLAGHER, J., and MARY EILEEN KILBANE, J., CONCUR