Ambrose v. State ex rel. Holsey
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[Cite as Ambrose v. State ex rel. Holsey, 2010-Ohio-6203.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 96065 COMMON PLEAS JUDGE DICK AMBROSE RESPONDENT vs. STATE OF OHIO, EX REL. ROBERT HOLSEY RELATOR JUDGMENT: COMPLAINT DISMISSED Writ of Mandamus Order No. 439920 RELEASE DATE: December 15, 2010 2 FOR RELATOR Robert Holsey, pro se Inmate No. 0204702 Cuyahoga County Jail P.O. Box 5600 Cleveland, Ohio 44101 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 COLLEEN CONWAY COONEY, J.: {¶ 1} Robert Holsey has filed a complaint for a writ of mandamus. Holsey argues that the denial of his right to a speedy trial, in State v. Holsey, Cuyahoga Cty. Court of Common Pleas Case No. CR-539402, requires Judge Dick Ambrose to perform a constitutional duty clear and implement the appropriate procedure in law and give findings of facts and conclusions * * * therefore, order and all applicable relief. For the following reasons, we sua sponte dismiss Holsey s complaint for a writ of mandamus. {¶ 2} Holsey s claim, that he was denied the right to a speedy trial, is not cognizable in an extraordinary-writ proceeding. State ex rel. Jackim v. 3 Ambrose, 118 Ohio St.3d 512, 2008-Ohio-3182, 890 N.E.2d 324; State ex rel. Pesci v. Lucci, 115 Ohio St.3d 218, 2007-Ohio-4795, 874 N.E.2d 774; State ex rel. Hamilton v. Brunner, 105 Ohio St.3d 304, 2004-Ohio-1735, 825 N.E.2d 607; Tisdale v. Eberlin, 114 Ohio St.3d 201, 2007-Ohio-3833, 870 N.E.2d 1191. In addition, Holsey possesses or possessed an adequate remedy at law through a direct appeal. State ex rel. Hughley v. McMonagle, 121 Ohio St.3d 536, 2009-Ohio-1703, 905 N.E.2d 1220; Pesci at ¶6. {¶ 3} Finally, we find that Holsey s complaint is procedurally defective. The complaint is improperly captioned. Martin v. Woods, 121 Ohio St.3d 609, 2009-Ohio-1928, 906 N.E.2d 1113. Holsey has also failed to comply with the requirements of R.C. 2969.21 to 2969.27 and Loc.App.R. 45(B)(1), which mandate that the complaint for a writ of mandamus must contain the following: (1) a sworn affidavit that specifies the details of the claim; and (2) a sworn affidavit that describes each civil action or appeal filed within the previous five years in any state or federal court. State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402; Rust v. Lucas Cty. Bd. of Elections, 108 Ohio St.3d 139, 2005-Ohio-5795, 841 N.E.2d 766; State ex rel. Ridenour v. Brunsman, 117 Ohio St.3d 260, 2008-Ohio-854, 883 N.E.2d 438. 4 {¶ 4} Accordingly, we sua sponte dismiss Holsey s complaint for a writ of mandamus. Costs to Holsey. 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. COLLEEN CONWAY COONEY, JUDGE SEAN C. GALLAGHER, A.J., and PATRICIA A. BLACKMON, J., CONCUR
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