State ex rel. Parker v. Russo

2011 Ohio 2667

Opinion

[Cite as State ex rel. Parker v. Russo, 2011-Ohio-2667.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 96722

STATE OF OHIO, EX REL., MICHAEL PARKER, JR. RELATOR

vs.

THE HONORABLE JUDGE JOHN RUSSO RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 444583 Order No.

BEFORE: Blackmon, P.J., Boyle, J., and Celebrezze, J.

RELEASED AND JOURNALIZED: June 2, 2011 -i-

FOR RELATOR: 2

Michael Parker, Jr., Pro Se Inmate No. 572-106 Lake Erie Correctional Inst. P. O. Box 8000 Conneaut, Ohio 44030

FOR RESPONDENT:

Judge John Russo Cuyahoga County Common Pleas Court

William D. Mason Cuyahoga County Prosecutor

James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113

PATRICIA ANN BLACKMON, J.:

{¶ 1} Michael Parker, Jr. has filed a complaint for a writ of

mandamus. Parker seeks an order from this court, that requires Judge

John Russo to issue findings of fact and conclusions of law with regard to

a motion for post-conviction relief, as filed in State v. Parker, Jr.,

Cuyahoga County Court of Common Pleas Case No. CR-521078. Judge

Russo has filed a motion for summary judgment, which we grant for the

following reasons. 3

{¶ 2} Initially, we find that Parker’s complaint for a writ of

mandamus is defective for failure to comply with R.C. 2969.25(C), which

mandates that an inmate, who files a complaint against a government

entity or government employee, must support the complaint with a

statement that: (1) sets forth the balance in the inmate’s account for the

preceding six months, as certified by the institutional cashier; and (2) a

statement that sets forth all other cash and items of value as owned by

the inmate. The failure of Parker to support his complaint with a

statement of the balance contained within his institutional account, as

certified by the institutional cashier, warrants dismissal. Martin v.

Woods, 121 Ohio St.3d 609, 2009-Ohio-1928, 906 N.E.2d 1113; Clarke v.

McFaul, Cuyahoga App. No. 89447, 2007-Ohio-2520.

{¶ 3} Notwithstanding the aforesaid procedural defect, we find that

Parker’s request for a writ of mandamus is moot. On June 1, 2010,

Judge Russo denied Parker’s petition for post-conviction relief. In

addition, Judge Russo’s judgment entry fulfilled the mandatory

requirement of “findings of fact and conclusions of law” under R.C.

2953.21. The entry of June 1, 2010, apprised Parker of the grounds for

the judgment and would enable an appellate court to review the 4

judgment on appeal. State ex rel. Carrion v. Harris (1988), 40 Ohio

St.3d 19, 530 N.E.2d 1330; State v. Mapson (1982), 1 Ohio St.3d 217, 438

N.E.2d 910; State v. Lester (1975), 41 Ohio St.2d 51, 322 N.E.2d 656.

{¶ 4} Accordingly, we grant Judge Russo’s motion for summary

judgment. Costs to Parker. It is further ordered that the Clerk of the

Eighth District Court of Appeals serve notice of this judgment upon all

parties as required by Civ.R. 58(B).

Writ denied.

___________________________________ PATRICIA ANN BLACKMON, JUDGE

MARY J. BOYLE, J., and FRANK D. CELEBREZZE, JR., J., CONCUR