State v. Nero

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[Cite as State v. Nero, 2004-Ohio-6845.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 85599 STATE OF OHIO Relator vs. LEROY NERO, JR. Respondent : : : : : : : : : : ORIGINAL ACTION JOURNAL ENTRY AND OPINION DATE OF JOURNALIZATION: DECEMBER 10, 2004 CHARACTER OF PROCEEDINGS: WRIT OF MANDAMUS JUDGMENT: Writ Dismissed. Order No. 366522 APPEARANCES: For Relator: LEROY NERO, pro se Inmate No. 167-986 Ross Correctional Institution P.O. Box 7010 Chillicothe, Ohio 45601 For Respondent: WILLIAM D. MASON Cuyahoga County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 SANFORD E. WATSON, II Safety Director City of Cleveland 601 Lakeside Avenue Cleveland, Ohio 44114 2 JAMES J. SWEENEY, J.: {¶ 1} November 26, 2004, Relator, Leroy Nero, Jr., filed a complaint in mandamus with the office of the clerk of courts for Cuyahoga County. {¶ 2} Nero clearly captioned the complaint in the court of common pleas. The caption included Case No. 176903, in which Leroy D. Nero is a defendant. Due to a clerical error, the clerk filed the complaint in mandamus as an original action in this court. {¶ 3} In light of Nero s clear intent to prosecute an action in mandamus in the court of common pleas, we dismiss this action sua sponte. The clerk is instructed to file Nero s complaint in State v. Nero, Cuyahoga County Court of Common Pleas Case No. CR-176903. Each party to bear its own costs. 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). Writ dismissed. JAMES J. SWEENEY JUDGE ANN DYKE, P.J., CONCURS ANTHONY O. CALABRESE, JR., J., CONCURS

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