State ex rel. Miller v. Saffold

Annotate this Case

Download PDF

[Cite as State ex rel. Miller v. Saffold, 2017-Ohio-5590.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 105718 STATE OF OHIO, EX REL. ROBERT MILLER RELATOR vs. HONORABLE SHIRLEY STRICKLAND SAFFOLD RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 507076 Order No. 507498 RELEASE DATE: June 28, 2017 FOR RELATOR Robert Miller, pro se Inmate No. 542-127 Allen Correctional Institution P.O. Box 4501 Lima, Ohio 45802 ATTORNEYS FOR RESPONDENT Michael C. O’Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 MARY J. BOYLE, J.: {¶1} Robert Miller has filed a complaint for a writ of mandamus. Miller seeks an order from this court that requires Judge Shirley Strickland Saffold to render judgment with regard to a motion to vacate court costs filed in State v. Miller, Cuyahoga C.P. No. CR-07-500918. Judge Saffold has filed a motion for summary judgment. {¶2} Attached to the motion for summary judgment is a copy of a judgment, journalized May 8, 2017, that denied Miller’s motion to vacate court costs. Relief is unwarranted because mandamus will not compel the performance of a duty that has already been performed. State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49, ¶ 4. Herein, the request for relief is moot. {¶3} Finally, Miller’s complaint for a writ of mandamus is procedurally defective because he has failed to comply with R.C. 2969.25(A) and 2969.25(C). Pursuant to R.C. 2969.25(A), an inmate that commences a civil action against a government entity or employee must file a sworn affidavit that contains a description of each civil action or appeal of a civil action filed in the previous five years in any state or federal court. State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830. R.C. 2969.25(C)(1) requires that Miller file a statement setting forth his inmate account balance “for each of the preceding six months as certified by the institutional cashier.” Miller has failed to provide this court with a notarized affidavit that describes previously filed civil actions and a certified statement setting forth the balance in his inmate account. Freed v. Bova, 8th Dist. Cuyahoga No. 99908, 2013-Ohio-4378; Turner v. Russo, 8th Dist. Cuyahoga No. 87852, 2006-Ohio-4490. {¶4} Accordingly, we grant Judge Saffold’s motion for summary judgment. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B). {¶5} Writ denied. MARY J. BOYLE, JUDGE MELODY J. STEWART, P.J., and PATRICIA ANN BLACKMON, J., CONCUR

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.