State ex rel. Hayes v. Winkler
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Hayes v. Winkler, Slip Opinion No. 2011-Ohio-6046.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-6046 THE STATE EX REL. HAYES, APPELLANT, v. WINKLER, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Hayes v. Winkler, Slip Opinion No. 2011-Ohio-6046.] Court of appeals judgment dismissing complaint for writ of mandamus affirmed. (No. 2011-1381 Submitted November 16, 2011 Decided December 1, 2011.) APPEAL from the Court of Appeals for Hamilton County, No. C-110365. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Marcus Hayes, for a writ of mandamus to compel appellee, Hamilton County Court of Common Pleas Judge Ralph Winkler, to issue a judgment on certain postconviction motions in accordance with Civ.R. 58 and App.R. 4(A). Insofar as Hayes sought to compel Judge Winkler to rule on his motions, the judge has already done so. Mandamus will not compel a judge to rule on motions that the judge has already ruled on. State ex rel. Womack v. Marsh, 128 Ohio St.3d 303, 2011-Ohio-229, 943 N.E.2d 1010, ¶ 10. And as for SUPREME COURT OF OHIO Hayes s claim that he could not appeal the rulings because the clerk never served notice of the judgments on him, he had adequate remedies in the ordinary course of law by delayed appeal and motion for relief from judgment to raise his claim. State ex rel. McKinney v. Defiance Cty. Court of Common Pleas, 123 Ohio St.3d 153, 2009-Ohio-4693, 914 N.E.2d 1044, ¶ 1. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Marcus Hayes, pro se. ______________________ 2
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