State ex rel. Martin v. Ohio Adult Parole Auth.
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Martin v. Ohio Adult Parole Auth., Slip Opinion No. 2009-Ohio-6164.] 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. 2009-OHIO-6164 THE STATE EX REL. MARTIN, APPELLANT, v. OHIO ADULT PAROLE AUTHORITY, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Martin v. Ohio Adult Parole Auth., Slip Opinion No. 2009-Ohio-6164.] Failure to timely file appeal from court of appeals judgment Motion for reconsideration does not extend time to file appeal Civ.R 60(B) motion is not a substitute for a timely appeal Judgment affirmed. (No. 2009-1279 Submitted November 18, 2009 Decided December 1, 2009.) APPEAL from the Court of Appeals for Lucas County, No. L-09-1094. __________________ Per Curiam. {¶ 1} We dismiss the appeal of appellant, Robert Martin, because although he challenges the court of appeals April 2009 judgment dismissing his complaint for a writ of mandamus and declaratory relief, he did not file a timely appeal from that judgment. S.Ct.Prac.R. II(2)(A)(1). Neither his motion for SUPREME COURT OF OHIO reconsideration nor his Civ.R. 60(B) motion for relief from judgment extended his time to appeal the judgment. Cotten v. Fitzpatrick, 98 Ohio St.3d 24, 2002-Ohio7043, 780 N.E.2d 1019, ¶ 6; Key v. Mitchell (1998), 81 Ohio St.3d 89, 90, 689 N.E.2d 548. Finally, a Civ.R. 60(B) motion for relief from judgment cannot be used as a substitute for a timely appeal * * *. Id. at 90-91, 689 N.E.2d 548; State ex rel. Richard v. Cuyahoga Cty. Commrs. (2000), 89 Ohio St.3d 205, 206, 729 N.E.2d 755. Appeal dismissed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Robert Martin, pro se. Richard Cordray, Attorney General, and Melissa Montgomery, Assistant Attorney General, for appellee. ______________________ 2
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