State ex rel. Rainey v. Vodrey

• Court: Ohio Court of Appeals
• Decided: June 17, 2026
• Docket: 116304
• Status: Published

Opinion

[Cite as State ex rel. Rainey v. Vodrey, 2026-Ohio-2329.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE EX REL. JARED RAINEY, :

Relator, : No. 116304 v. :

WILLIAM L. VODREY, :

Respondent. :

JOURNAL ENTRY AND OPINION

JUDGMENT: COMPLAINT DISMISSED DATED: June 17, 2026

Writ of Procedendo Order No. 596145 Motion No. 594149

Appearances:

Jared Rainey, pro se.

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Bridget E. Dever, Assistant Prosecuting Attorney, for respondent.

DEENA R. CALABRESE, J.:

Jared Rainey, the relator, has filed a complaint for a writ of

procedendo. Rainey seeks an order from this court that compels Judge William L. Vodrey, the respondent, to render a ruling with regard to a motion for jail-time

credit filed in State v. Rainey, Cuyahoga C.P. No. CR-22-673724. Judge Vodrey has

filed a motion to dismiss the complaint for procedendo that is granted.

Attached to the motion to dismiss the complaint for procedendo is a

copy of a judgment entry, journalized April 16, 2023, which demonstrates Judge

Vodrey has issued a ruling with regard to Rainey’s motion for jail-time credit. Relief

is unwarranted because the request for a writ of procedendo, with regard to the

motion for jail-time credit, is moot. Procedendo will not compel the performance of

a duty that has already been performed. State ex rel. Ames v. Pokorny, 2021-Ohio-

2070, ¶ 7; Thompson v. Donnelly, 2018-Ohio-4073, ¶ 5; State ex rel. S.Y.C. v. Floyd,

2020-Ohio-5189, ¶ 9 (8th Dist.).

It must also be noted that this court will not issue an extraordinary

writ in order to correct any error associated with the calculation of jail-time credit.

Any error associated with the calculation of jail-time credit must be addressed

through a direct appeal. State ex rel. Sullivan v. Cuyahoga Cty. Court of Common

Pleas, 2023-Ohio-318, ¶ 3 (8th Dist.).

Finally, we find that Rainey’s complaint for a writ of procedendo fails

to comply with R.C. 2969.25(A) and (C). Specifically, Rainey failed to file an

affidavit of prior civil actions as required by R.C. 2969.25(A). In addition, Rainey

has failed to provide a certified copy of the institutional cashier’s statement, where

he is incarcerated, setting forth the balance in his inmate account as required by R.C.

2969.25(C). The requirements of R.C. 2969.25 are mandatory, and the failure to provide this court with an affidavit of prior civil actions and a certified institutional

cashier’s statement requires dismissal of Rainey’s complaint for procedendo. State

ex rel. Washington v. Ohio Adult Parole Auth., 87 Ohio St.3d 258, 258 (1999); State

ex rel. Zanders v. Ohio Parole Bd., 82 Ohio St.3d 421, 422 (1998). The failure to

comply with R.C. 2969.25(A) and (C) cannot be cured by amendment or later filings.

State ex rel. Watkins v. Andrews, 2015-Ohio-1100, ¶ 8; Fuqua v. Williams, 2003-

Ohio-5533, ¶ 9.

Accordingly, we grant Judge Vodrey’s motion to dismiss. Costs

waived. The court directs the clerk of courts to serve all parties with notice of this

judgment and date of entry upon the journal as required by Civ.R. 58(B).

Complaint dismissed.

________________________ DEENA R. CALABRESE, JUDGE

SEAN C. GALAGHER, P.J., and KATHLEEN ANN KEOUGH, J., CONCUR