Strowder v. Astrab

2014 Ohio 839

• Court: Ohio Court of Appeals
• Decided: February 28, 2014
• Docket: 100889
• Status: Published

Opinion

[Cite as Strowder v. Astrab, 2014-Ohio-839.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100889

DEMETRIUS STROWDER

RELATOR

vs.

JUDGE MICHAEL ASTRAB RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus/Procedendo Motion No. 471927 Order No. 472435

RELEASE DATE: February 28, 2014 FOR RELATOR

Demetrius Strowder, pro se Inmate No. 604-072 Marion Correctional Institution P.O. Box 57 Marion, Ohio 43301

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 MARY J. BOYLE, A.J.:

{¶1} Demetrius Strowder has filed a complaint for a writ of mandamus and/or

procedendo. Strowder seeks an order from this court that requires Judge Michael Astrab

to render a ruling with regard to a “motion for court to order clerk to serve notice of final

order of judgment” filed in State v. Strowder, Cuyahoga C.P. No. CR-542305. For the

following reasons, we decline to issue a writ of mandamus and/or procedendo on behalf

of Strowder.

{¶2} Initially, we find that Strowder has failed to comply with Loc.App.R.

45(B)(1)(a), which mandates that a complaint for a writ of mandamus must be supported

by a sworn affidavit that specifies the details of his claim for relief. State ex rel. Leon v.

Cuyahoga Cty. Court of Common Pleas, 8th Dist. Cuyahoga No. 92826, 2009-Ohio-1612;

State ex rel. Santos v. McDonnell, 8th Dist. Cuyahoga No. 90659, 2008-Ohio-214; Turner

v. Russo, 8th Dist. Cuyahoga No. 87852, 2006-Ohio-4490; Barry v. Galvin, 8th Dist.

Cuyahoga No. 85990, 2005-Ohio-2324.

{¶3} In addition, Strowder’s request for a writ of mandamus and/or procedendo

is moot. Attached to Judge Astrab’s motion for summary judgment is a copy of a journal

entry, journalized on January 22, 2014, which demonstrates that a ruling has been

rendered with regard to the motion for court to order clerk to serve notice of final order of

judgment. Thus, Strowder is not entitled to a writ of mandamus and/or procedendo.

State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450

N.E.2d 1163 (1983). Accordingly, we grant Judge Astrab’s motion for summary

judgment. Costs to Strowder. 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).

{¶4} Writ denied.

_____________________________________________ MARY J. BOYLE, ADMINISTRATIVE JUDGE

KENNETH A. ROCCO, J., and MARY EILEEN KILBANE, J., CONCUR