Strzala v. O'Donnell
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[Cite as Strzala v. O'Donnell, 2004-Ohio-4464.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 84667 RONALD STRZALA Relator vs. JOHN P. O'DONNELL, JUDGE Respondent : : : : : : : : : : ORIGINAL ACTION JOURNAL ENTRY AND OPINION DATE OF JOURNALIZATION: AUGUST 23, 2004 CHARACTER OF PROCEEDINGS: WRIT OF MANDAMUS JUDGMENT: Dismissed. Motion No. 361581 APPEARANCES: For Relator: RONALD STRZALA, pro se Inmate No. #377-964 Lake Erie Correctional Inst. 501 Thompson Avenue Conneaut, Ohio 44030 For Respondent: WILLIAM D. MASON Cuyahoga County Prosecutor BY: JON W. OEBKER Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 2 PATRICIA A. BLACKMON, P.J. {¶1} Ronald Strzala has file a complaint for a writ of mandamus through which he seeks an order from this court which requires Judge John P. O Donnell to vacate the conviction and sentence of incarceration imposed in State v. Strzala, Cuyahoga County Court of Common Pleas Case No. CR-374310. Judge O Donnell has filed a motion to dismiss which we grant for the following reasons. {¶2} mandamus Initially, we find that Strzala s complaint for a writ of is defective since it is improperly captioned. A complaint for a writ of mandamus must be brought in the name of the state, on relation of the person applying. The failure of Strzala to properly caption his complaint for a writ of mandamus warrants dismissal. Maloney v. Court of Common Pleas of Allen Cty. (1962), 173 Ohio St. 226, 181 N.E.2d 270; Dunning v. Judge Cleary (Jan. 11. 2001), Cuyahoga App. No. 78763. In addition, Strzala has failed to comply with R.C. 2969.25 which requires the attachment of an affidavit to the complaint for a writ of mandamus that describes each civil action or appeal filed within the previous five years in any state or federal court. Strzala s failure to comply with R.C. 2969.25 also warrants the dismissal of the complaint for a writ of mandamus. State ex rel. Zanders v. Ohio Parole Board, 82 Ohio St.3d 421, 1998-Ohio-218, 696 N.E.2d 594; Alford v. Winters, 80 Ohio St.3d 285, 1997-Ohio-117, 685 N.E.2d 1242. [Cite as Strzala v. O'Donnell, 2004-Ohio-4464.] {¶3} Finally, before this court is permitted to issue a writ of mandamus, Strzala must demonstrate the following: (1) Strzala possesses a clear legal right to the requested relief; (2) Judge O Donnell possesses a clear legal duty to perform the requested relief; and (3) there exists no adequate remedy in the ordinary course of the law. State ex rel. Manson v. Morris (1993), 66 Ohio St.3d 440, 613 N.E.2d 232. Herein, Strzala has failed to establish that he possesses any legal right which requires Judge O Donnell to vacate the conviction and sentence of incarceration as imposed in State v. Strzala, supra. In addition, Strzala has failed to establish that he does not possesses an adequate remedy at law visa-vis a direct appeal of his conviction and sentence. Thus, Strzala s request for a writ of mandamus must fail. {¶4} dismiss. Accordingly, we grant Judge O Donnell s motion to Strzala s complaint for a writ of mandamus is dismissed. Costs to Strzala. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as mandated by Civ.R. 58(B). Complaint dismissed. PATRICIA A. BLACKMON PRESIDING JUDGE ANNE L. KILBANE, J., CONCURS KENNETH A. ROCCO, J., CONCURS 4
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