State ex rel. Velez v. Russo

2014 Ohio 2779

• Court: Ohio Court of Appeals
• Decided: June 23, 2014
• Docket: 101332
• Status: Published

Opinion

[Cite as State ex rel. Velez v. Russo, 2014-Ohio-2779.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101332

STATE EX REL., PEDRO R. VELEZ RELATOR

vs.

HONORABLE JOSEPH RUSSO RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Order No. 475757 Motion No. 475325

RELEASE DATE: June 23, 2014 FOR RELATOR

Pedro R. Velez Inmate No. 651-114 Trumbull Correctional Institution P.O. Box 901 Leavittsburg, OH 44430

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor

By: James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, OH 44113 TIM McCORMACK, J.:

{¶1} Pedro R. Velez has filed a complaint for a writ of mandamus. Velez seeks

an order from this court that requires Judge Joseph D. Russo to render a ruling with

regard to a motion for jail-time credit that was filed in State v. Velez, Cuyahoga C.P. No.

CR-573694.

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

judgment entry, journalized on May 29, 2014, which demonstrates that a ruling has been

rendered with regard to Velez’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} It must also be noted that Velez’s complaint for a writ of mandamus did not

contain: (1) a sworn affidavit, that specified the details of his claim, as required by

Loc.App.R. 45(B)(1)(a); (2) an affidavit that specified each civil action or appeal of a

civil action filed within the last five years, as required by R.C. 2969.25(A); and (3)

statements that sets forth the balance in his account for the preceding six months and also

set forth all other owned cash and things of value, as required by R.C. 2969.25(C). The

failure to comply with the requirements of Loc.App.R. 45(B)(1)(a), R.C. 2969.25(A), and

2969.25(C) warrants dismissal of Velez’s complaint for a writ of mandamus. See State

ex rel. Washington v. Ohio Adult Parole Auth., 87 Ohio St.3d 258, 719 N.E.2d 544 (1999); State ex rel. Jones v. McGinty, 8th Dist. Cuyahoga No. 92602, 2009-Ohio-1258;

State ex rel. Hightower v. Russo, 8th Dist. Cuyahoga No. 82321, 2003-Ohio-3679.

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

Costs to Judge Russo. Costs waived. The court directs the clerk of court to serve all

parties with notice of this judgment and its date of entry upon the journal as required by

Civ.R. 58(B).

{¶5} Writ denied.

__________________________________________ TIM McCORMACK, JUDGE

SEAN C. GALLAGHER, P.J., and MELODY J. STEWART, J., CONCUR