Whitman v. Saffold

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[Cite as Whitman v. Saffold, 2010-Ohio-2232.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94539 WILLIAM WHITMAN RELATOR vs. SHIRLEY STRICKLAND SAFFOLD RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 430996 Order No. 433587 RELEASE DATE: May 17, 2010 2 FOR RELATOR William Whitman, pro se Inmate No. A581-451 Richland Correctional Institution P. O. Box 8107 1001 Olivesburg Road Mansfield, Ohio 44905 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 PATRICIA A. BLACKMON, J.: {¶ 1} Relator, William Whitman, requests that this court compel respondent judge to issue a ruling on his motion to dismiss violation of 90 day fast and speedy trial in the underlying case1 filed on November 6, 2009. {¶ 2} Respondent has filed a motion for summary judgment attached to which is a copy of the journal entry memorializing the jury s verdict and imposing sentence. The journal entry was received for filing by the clerk on February 2, 1 State v. Whitman, Cuyahoga County Court of Common Pleas Case No. CR-526494. 3 2010. Relator has not opposed the motion for summary judgment. Respondent argues that this action in procedendo is, therefore, moot. We agree. {¶ 3} It is well settled that a motion not ruled upon is implicitly deemed denied. 2 Respondent has issued a journal entry reflecting the jury s verdict and imposing sentence. As a consequence, Whitman s request for relief in procedendo is moot. We also note that Whitman has appealed that judgment and his appeal is pending. {¶ 4} Additionally, the complaint has several defects. Whitman did not comply with the requirement that he file an affidavit describing the actions he has filed in state and federal court during the last five years.3 He also failed to file an affidavit specifying the details of the claim. 4 dismissal of the complaint. 5 Each of these defects requires Furthermore, Whitman has not included the 2 Mosby v. Sanders, Cuyahoga App. No. 92605, 2009-Ohio-6459, at ¶9, n.1 (citation deleted). See also State v. Whitaker, Cuyahoga App. No. 83824, 2004-Ohio-5016, ¶32. 3 R.C. 2969.25. 4 Loc.App.R. 45(B)(1)(a). 5 Morris v. Bur. of Sentence Computation, Cuyahoga App. No. 89517, 2007-Ohio-1444. 4 addresses of the parties in the caption, 6 which may also be a ground for dismissal.7 {¶ 5} Accordingly, respondent's motion for summary judgment is granted. Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal.8 Writ denied. PATRICIA A. BLACKMON, JUDGE MARY EILEEN KILBANE, P.J., and MELODY J. STEWART, J., CONCUR 6 Civ.R. 10(A). 7 Clarke v. McFaul, Cuyahoga App. No. 89447, 2007-Ohio-2520, at ¶5. 8 Civ.R. 58(B).

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