State ex rel. Moore v. Griffin
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[Cite as State ex rel. Moore v. Griffin, 2010-Ohio-916.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94515 STATE OF OHIO, EX REL. JAMES MOORE RELATOR vs. HONORABLE BURT GRIFFIN RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 430818 Order No. 431470 RELEASE DATE: March 10, 2010 2 FOR RELATOR James Moore, pro se Inmate No. 388-253 Marion Correctional Inst. P.O. Box 57 Marion, Ohio 43302 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 COLLEEN CONWAY COONEY, J.: {¶ 1} On January 14, 2010, relator James Moore commenced this mandamus action against Judge Burt Griffin to compel him to rule on his postconviction relief motion and issue findings of fact and conclusions of law in State v. Moore, Cuyahoga County Court of Common Pleas Case No. CR-378997. On February 3, 2010, Judge Michael P. Donnelly, through the Cuyahoga County Prosecutor s office, filed a motion for summary judgment.1 For the following reason, we grant the motion for summary judgment. 1 The above matter is currently assigned to Judge Michael P. Donnelly. 3 {¶ 2} Initially, we find that Moore s request for a writ of mandamus is defective. Moore failed to support his complaint with an affidavit specifying the details of the claim as required by Local Rule 45(B)(1)(a). State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077; State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899. Moore s failure to attach an affidavit that is sworn before a notary requires dismissal. 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. {¶ 3} Nevertheless, attached to the motion for summary judgment is a copy of a journal entry which indicates that on January 22, 2010, Judge Donnelly denied Moore s motion for judicial release.2 Accordingly, we find that Moore s petition for a writ of mandamus is moot. State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723. Additionally, Judge Donnelly does not have a duty to issue findings of fact and conclusions of law upon the denial of a motion for judicial release. State ex rel. Lynch v. Burnside (July 9, 1999), Cuyahoga App. No. 76354. 2 A review of the lower court docket reveals that Moore did not file a motion for postconviction relief but rather a motion for judicial release on July 25, 2007. 4 {¶ 4} Accordingly, we grant Judge Donnelly s motion for summary judgment and deny Moore s petition for a writ of mandamus. Respondent to bear costs. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Writ denied. COLLEEN CONWAY COONEY, JUDGE CHRISTINE T. MCMONAGLE, P.J., and MARY J. BOYLE, J., CONCUR
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