Thompson v. Donnelly
Annotate this Case
Download PDF
[Cite as Thompson v. Donnelly, 2017-Ohio-8892.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 106100 LAMAR THOMPSON RELATOR vs. JUDGE MICHAEL P. DONNELLY RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 510067 Order No. 511701 RELEASE DATE: December 4, 2017 FOR RELATOR Lamar Thompson, pro se Inmate No. A684171 Belmont Correctional Institution 68518 Bannock Road Saint Clairsville, Ohio 43950 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 LARRY A. JONES, SR., J.: {¶1} Lamar Thompson has filed a complaint for a writ of procedendo. Thompson seeks an order from this court that compels Judge Michael P. Donnelly to render a judgment with regard to a petition for postconviction relief filed in State v. Thompson, Cuyahoga C.P. No. CR-15-598685. Judge Donnelly has filed a motion for summary judgment, which we grant for the following reasons. {¶2} Attached to the motion for summary judgment is a copy of a judgment with findings of fact and conclusions of law, journalized September 5, 2017, that denied Thompson’s petition for postconviction relief. Procedendo is unwarranted because this court 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, Thompson’s complaint for a writ of procedendo 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 Thompson file a statement setting forth his inmate account balance “for each of the preceding six months as certified by the institutional cashier.” {¶4} Thompson has failed to provide this court with a notarized affidavit that describes previously filed civil actions. Thompson has also failed to provide this court with 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. {¶5} Accordingly, we grant Judge Donnelly’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). {¶6} Writ denied. LARRY A. JONES, SR., JUDGE MARY EILEEN KILBANE, P.J., and TIM McCORMACK, 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.
