State ex rel. v. McClelland

2014 Ohio 217

Opinion

[Cite as State ex rel. v. McClelland, 2014-Ohio-217.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100429

STATE OF OHIO, EX REL. BASIR A. ALSABUR RELATOR

vs.

JUDGE ROBERT C. McCLELLAND RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 469077 Order No. 470855

RELEASE DATE: January 17, 2014 FOR RELATOR

Basir A. Alsabur, pro se #A-255556 Richland Correctional Institution P.O. Box 8107 1001 Olivesburg Road Mansfield, Ohio 44901

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant Prosecuting Attorney The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 SEAN C. GALLAGHER, P.J.:

{¶1} On September 19, 2013, the relator, Basir Alsabur, commenced this

procedendo action against the respondent, Judge Joseph Russo, to compel the judge to

rule on his motion for void judgment, which he filed on January 24, 2011, in the

underlying case, State v. Coats, Cuyahoga C.P. No. CR-215362.1 On October 15, 2013,

the respondent moved for summary judgment on the grounds of mootness. Attached to

the dispositive motion was a certified copy of a journal entry, file-stamped October 4,

2013, in the underlying case, denying the subject motion. This journal entry establishes

that the judge has proceeded to judgment and that this procedendo action is moot.

Alsabur never filed a response to the motion for summary judgment.

{¶2} Additionally, the relator failed to support his complaint with an affidavit

“specifying the details of the claim” as required by Loc.App.R. 45(B)(1)(a). This is

sufficient reason to deny the writ. State ex rel. Leon v. Cuyahoga Cty. Court of Common

Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402.

{¶3} Accordingly, the court grants the respondent’s motion for summary judgment

and denies the application for a writ of procedendo. Costs assessed against relator. The

clerk is directed to serve upon the parties notice of this judgment and its date of entry

upon the journal. Civ.R. 58(B).

{¶4} Writ denied.

The relator was tried under the name Leroy Coats. He now calls himself Basir Alsabur. 1

Additionally, Judge Robert C. McClelland is now assigned to the underlying case. Pursuant to Civ.R. 21 and 25(D)(1), this court substitutes Judge McClelland as the respondent. SEAN C. GALLAGHER, PRESIDING JUDGE

KATHLEEN ANN KEOUGH, J., and MARY EILEEN KILBANE, J., CONCUR