State ex rel. Wells v. Corrigan
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[Cite as State ex rel. Wells v. Corrigan, 2018-Ohio-5397.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 107716 STATE OF OHIO, EX REL. ERIC WELLS RELATOR vs. THE HONORABLE BRIAN J. CORRIGAN RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus/Procedendo Motion No. 522419 Order No. 523535 RELEASE DATE: December 28, 2018 FOR RELATOR Eric Wells, pro se Inmate No. 624614 Trumbull Correctional Institution P.O. Box 901 Leavittsburg, Ohio 44430-0901 ATTORNEYS FOR RESPONDENT Michael C. O’Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 TIM McCORMACK, J.: {¶1} Eric Wells has filed a complaint for a writ of mandamus/procedendo. Wells seeks an order from this court that requires Judge Brian J. Corrigan to issue a ruling with regard to a “motion to vacate void judgment” filed in State v. Wells, Cuyahoga C.P. No. CR-09-525073-A. Judge Corrigan has filed a motion for summary judgment that is granted for the following reasons. {¶2} Attached to the motion for summary judgment are copies of journal entries, journalized October 24, 2018, that denied Wells’s motion to vacate void judgment. Relief is unwarranted because neither mandamus nor procedendo will compel the performance of a duty that has already been performed. State ex rel. Williams v. Croce, Slip Opinion No. 2018-Ohio-2703; State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49; State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220. Herein, the request for relief is moot. {¶3} Wells’s complaint is also 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 Wells file a statement setting forth his inmate account balance “for each of the preceding six months as certified by the institutional cashier.” Wells 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 the 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. TIM McCORMACK, JUDGE EILEEN A. GALLAGHER, A.J., and FRANK D. CELEBREZZE, JR., J., CONCUR
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