State ex rel. Smith v. Russo
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[Cite as State ex rel. Smith v. Russo, 2006-Ohio-5232.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 88463 STATE OF OHIO EX REL., RASHAUD SMITH RELATOR vs. JUDGE JOHN J. RUSSO RESPONDENT JUDGMENT: WRIT DENIED 2 WRIT OF MANDAMUS MOTION NO. 387871 ORDER NO. 388813 RELEASE DATE: October 3, 2006 ATTORNEY FOR RELATOR: RASHAUD SMITH Inmate No. A474-539 Richland Correctional Inst. P.O. Box 8107 Mansfield, Ohio 44901 ATTORNEY FOR RESPONDENT: WILLIAM D. MASON Cuyahoga County Prosecutor BY: KRISTEN L. LUSNIA Asst. County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 JUDGE COLLEEN CONWAY COONEY: {¶1} On July 18, 2006, the relator, Rashaud Smith, commenced this mandamus action against the respondent, Judge John J. Russo, to compel the judge to rule on motions for jail time credit which Smith filed on November 2, 2005, in the underlying cases, State v. Rashaud Smith, Cuyahoga County Common Pleas Court Case Nos. CR-445807, 447012, 449994, and 454193. On August 30, 2006, the respondent moved for summary judgment on the grounds of mootness. Attached to 3 the dispositive motion were copies of signed, file-stamped journal entries granting the motion for jail time credit in each of the underlying cases.1 Smith never filed a brief in opposition. This establishes that the relator has received his requested relief and that the action is, therefore, moot. State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113. {¶2} The relator has also failed to comply with R.C. 2969.25, which requires an affidavit that describes each civil action or appeal filed by the relator within the previous five years in any state or federal court. The relator s failure to comply with R.C. 2969.25 warrants dismissal of the complaint for a writ of mandamus. State ex rel. Zanders v. Ohio Parole Board, 82 Ohio St.3d 421, 1998-Ohio-218, 696 N.E.2d 594, and State ex rel. Alford v. Winters, 80 Ohio St.3d 285, 1997-Ohio-117, 685 N.E.2d 1242. Relator also did not comply with R.C. 2969.25(C), which requires that an inmate file a certified statement from the prison cashier setting forth the balance in his private account for each of the preceding six months. This also is sufficient reason to deny the mandamus, deny indigency status, and assess costs against the relator. State ex rel. Hunter v. Cuyahoga Cty. Court of Common Pleas, 88 Ohio St.3d 176, 2000-Ohio-285, 724 N.E.2d 420. {¶3} Accordingly, this court grants the respondent s motion for summary judgment and denies the application for a writ of mandamus. 1In Costs assessed Case No. CR-449994, the judge granted 107 days of jail time credit. In the others, he granted four days credit. 4 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). COLLEEN CONWAY COONEY, JUDGE ANN DYKE, A.J., and FRANK D. CELEBREZZE, JR., J., CONCUR
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