State ex rel. Davis v. Astrab

2015 Ohio 112

• Court: Ohio Court of Appeals
• Decided: January 9, 2015
• Docket: 102041
• Status: Published

Opinion

[Cite as State ex rel. Davis v. Astrab, 2015-Ohio-112.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 102041

STATE EX REL., JAMES A. DAVIS, JR.

RELATOR

vs.

MICHAEL ASTRAB, JUDGE

RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 479991 Order No. 481141

RELEASE DATE: January 9, 2015 RELATOR

James A. Davis, Jr., pro se Inmate #444-458, Grafton Correctional Institution 2500 South Avon-Belden Road Grafton, Ohio 44044

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor James E. Moss Assistant County Prosecutor The Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 MARY EILEEN KILBANE, J.:

{¶1} James A. Davis, Jr. has filed a complaint for a writ of mandamus. Davis seeks an

order from this court that requires Judge Michael Astrab to render a ruling with regard to a

“motion to correct illegal void sentence due to plain error pursuant to Crim.R. 52(B)” filed in

State v. Davis, Cuyahoga C.P. No. CR-02-428529. Judge Astrab has filed a motion for

summary judgment, which we grant for the following reasons.

{¶2} Attached to Judge Astrab’s motion for summary judgment is a copy of a judgment

entry, journalized on November 10, 2014, which demonstrates that a ruling has been rendered

with regard to Davis’s motion for jail-time credit. 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, Davis’s complaint for a writ of mandamus is defective. Davis’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. A simple statement that the

affiant has reviewed the complaint and that the contents of the complaint are true and accurate

does not satisfy the mandatory requirements of Loc.App.R. 45(B)(1)(a). 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. Davis has also failed to comply with Civ.R. 10(A), which

mandates that the caption of the complaint include the address of each party. State ex rel. Tate

v. Callahan, 8th Dist. Cuyahoga No. 85615, 2005-Ohio-1202.

{¶4} Accordingly, we grant Judge Astrab’s motion for summary judgment. Costs to

Judge Astrab. 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).

Writ denied.

MARY EILEEN KILBANE, JUDGE

EILEEN A. GALLAGHER, P.J., and MARY J. BOYLE, J., CONCUR