Wanner v. State
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[Cite as Wanner v. State, 2002-Ohio-574.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 80607 ANTHONY WANNER Relator vs. STATE OF OHIO Respondent : : : : : : : : : ORIGINAL ACTION JOURNAL ENTRY AND OPINION DATE OF JOURNALIZATION: FEBRUARY 14, 2002 CHARACTER OF PROCEEDINGS: WRIT OF MANDAMUS JUDGMENT: Writ Denied. (Motion No. 35535) Motion for Summary Judgement is Granted. (Motion No. 34942) APPEARANCES: For Relator: ANTHONY WANNER, pro se Inmate No. 409-854 P.O. Box 57 Marion, Ohio 43301-0057 For Respondent: WILLIAM D. MASON, ESQ. Cuyahoga County Prosecutor BY: DIANE SMILANICK, ESQ. Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 [Cite as Wanner v. State, 2002-Ohio-574.] CELEBREZZE, J. On December 11, 2001, the relator, Anthony Wanner, commenced this mandamus action to compel the Cuyahoga County Common Pleas Court to rule on an October 9, 2001 motion for jail time credit in the underlying case, State v. Wanner, Cuyahoga County Common Pleas Court Case No. CR-396055. On January 8, 2002, the common pleas court moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of a certified journal entry in the underlying case granting Wanner ninety days jail time credit. This journal entry establishes that the court has fulfilled its duties to rule on the outstanding motion and to state explicitly in a journal entry the number of days jail credit to which Wanner is entitled. State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113. mandamus action is moot. Accordingly, this This court grants the motion for summary judgment. Additionally, the relator 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, unreported and State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899, unreported. The relator has also failed to comply with R.C. 2969.25, which requires an affidavit that describes each civil action or appeal filed by the relator within the previous five years in any state or -3federal court. The relator s failure to comply with R.C. 2969.25 warrants dismissal of the complaint for a writ of mandamus. State ex rel. Zanders v. Ohio Parole Board (1998), 82 Ohio St.3d 421, 696 N.E.2d 594 and State ex rel. Alford v. Winters (1997), 80 Ohio St.3d 285, 685 N.E.2d 1242. The petition is also defective because it is improperly captioned. Wanner styled this petition as State of Ohio v. Anthony Wanner. R.C. 2731.04 requires that an application for a writ of mandamus must be by petition, in the name of the state on the relation of the person applying. This failure to properly caption a mandamus action is sufficient grounds for denying the writ and dismissing the petition. of Allen Moreover, County the (1962), failure to 173 Maloney v. Court of Common Pleas Ohio caption St. the 226, case 181 N.E.2d correctly uncertainty as to the identity of the respondent. 270. creates This court has held that this deficiency alone also warrants dismissal. State ex rel. Larry Calloway v. Court of Common Pleas of Cuyahoga County (Feb. 27, 1997), Cuyahoga App. No. 71699, unreported; State ex rel. Samuels v. Cleveland Municipal Court (Nov. 22, 1994), Cuyahoga App. No. 67762, unreported; and State ex rel. White v. Villanueva (Oct. 6, 1993), Cuayhoga App. No. 66009, unreported. Accordingly, the court denies the writ. against the relator. Costs assessed The clerk is directed to serve upon the -4parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). Writ denied. PATRICIA A. BLACKMON, P.J., AND COLLEEN CONWAY COONEY, J., CONCUR. FRANK D. CELEBREZZE, JR. JUDGE
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