Henderson v. Saffold

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[Cite as Henderson v. Saffold, 2010-Ohio-536.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94581 PAUL S. HENDERSON RELATOR vs. SHIRLEY S. SAFFOLD, JUDGE RESPONDENT JUDGMENT: COMPLAINT DISMISSED Writ of Procedendo Order No. 430788 RELEASE DATE: FOR RELATOR February 17, 2010 2 Paul S. Henderson, pro se Inmate No. 88969 Cuyahoga County Jail P.O. Box 5600 Cleveland, Ohio 44101 ATTORNEY FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 SEAN C. GALLAGHER, A.J.: {¶ 1} Paul S. Henderson has filed a complaint for a writ of procedendo. For the following reasons, we sua sponte dismiss Henderson s complaint. {¶ 2} Henderson has failed to include the following with his complaint: {¶ 3} (1) a sworn and notarized affidavit that complies with Loc.App.R. 45(B)(1)(a); {¶ 4} (2) a sworn and notarized affidavit of indigency that complies with R.C. 2969.25(C); {¶ 5} (3) a sworn and notarized affidavit that describes each civil action or appeal filed within the previous five years in any state or federal court, as required by R.C. 2969.25. 3 {¶ 6} The failure to provide this court with any of the aforesaid sworn affidavits allows for dismissal of the complaint for a writ of procedendo. State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402; Martin v. Woods, 121 Ohio St.3d 609, 2009-Ohio-1928, 906 N.E.2d 1113; State ex rel. Davis, Cuyahoga App. No. 90533, 2008-Ohio-584; Morris v. Bur. of Sentence Computation, Cuyahoga App. No. 89517, 2007-Ohio-1444; State ex rel. McKay v. Corrigan, Cuyahoga App. No. 88340, 2006-Ohio-4775. See, also, Humphrey v. Ohio Water Parks, Inc. (1994), 97 Ohio App.3d 403, 646 N.E.2d 908. {¶ 7} Accordingly, we sua sponte dismiss Henderson s complaint for a writ of procedendo. Costs to Henderson. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B). Complaint dismissed. SEAN C. GALLAGHER, ADMINISTRATIVE JUDGE LARRY A. JONES, J., and COLLEEN CONWAY COONEY, J., CONCUR 4

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