State ex rel. Oko v. McDonnell

2012 Ohio 3698

• Court: Ohio Court of Appeals
• Decided: August 13, 2012
• Docket: 98241
• Status: Published

Opinion

[Cite as State ex rel. Oko v. McDonnell, 2012-Ohio-3698.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98241

STATE OF OHIO, EX REL., MICHAEL OKO

RELATOR

vs.

NANCY R. MCDONNELL, JUDGE

RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 454873 Order No. 457102

RELEASE DATE: August 13, 2012 FOR RELATOR

Michael Oko, pro se Inmate No. 500-505 Lake Erie Correctional Institution 501 Thompson Road Conneaut, Ohio 44030

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 MARY J. BOYLE, J.:

{¶1} Relator requests that this court compel respondent judge to dispose of his

motion for jail-time credit in State v. Oko, Cuyahoga C.P. No. CR-447702. (Although

Oko avers that the motion was filed on January 20, 2012, the docket reflects that the

motion was filed on March 29, 2012.)

{¶2} Respondent has filed a motion for summary judgment attached to which is a

copy of a journal entry issued by respondent and received for filing by the clerk on April 4,

2012, in which respondent granted relator 134 days jail-time credit. Relator has not

opposed the motion for summary judgment. Respondent argues that this action in

mandamus is, therefore, moot. We agree.

{¶3} Additionally, Oko

failed to file an affidavit containing a description of each civil action or appeal of a civil action that he had filed in the previous five years in any state or federal court, in violation of R.C. 2969.25(A). Furthermore, he failed to include in his affidavit of indigency a statement setting forth the balance in his inmate account for each of the preceding six months, as certified by the institutional cashier, in violation of R.C. 2969.25(C).

State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d

830, at ¶ 2. Oko’s failure to comply with the requirements of R.C. 2969.25 provides a

basis for dismissal. Id. at ¶ 3.

{¶4} Accordingly, respondent’s motion for summary judgment is granted.

Relator to pay costs. The clerk of court is directed to serve upon the parties notice of this

judgment and its date of entry upon the journal. Civ.R. 58(B). {¶5} Writ denied.

_________________________________________ MARY J. BOYLE, JUDGE

MELODY J. STEWART, P.J., and LARRY A. JONES, SR., J., CONCUR