Opinion
No. 98971
12-21-2012
DOLEH DOLEH RELATOR v. HONORABLE JOHN D. SUTULA RESPONDENT
FOR RELATOR Doleh Doleh ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor
JOURNAL ENTRY AND OPINION
JUDGMENT:
WRIT DENIED
Writ of Mandamus and Procedendo
Motion No. 459500
Order No. 460799
FOR RELATOR
Doleh Doleh
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
KENNETH A. ROCCO, P.J.:
{¶1} On September 20, 2012, the relator, Doleh Doleh, commenced this mandamus and/or procedendo action to compel the respondent, Judge John D. Sutula, to rule on the postconviction relief petition, which on December 10, 2010, Doleh filed in the underlying case, State v. Doleh, Cuyahoga C.P. No. CR-531323. On October 18, 2012, the respondent moved for summary judgment, inter alia, on the grounds of mootness. Attached to the dispositive motion was a copy of a signed and file-stamped October 17, 2012 journal entry containing the findings of fact and conclusions of law denying Doleh's petition. Doleh never filed a response to the judge's motion for summary judgment. Thus, the journal entry establishes that the judge has fulfilled his duty to issue findings of fact and conclusions of law and rule on the petition. Doleh has received his requested relief, a resolution of his postconviction relief petition. This matter is moot.
{¶2} Although Doleh filed a poverty affidavit, he did not comply with R.C. 2969.25(C), which requires that an inmate file a certified statement from his prison cashier setting forth the balance in his private account for each of the preceding six months. This is sufficient reason to deny the mandamus, deny indigency status, and assess costs against the relator. State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842; and Hazel v. Knab, 120 Ohio St.2d 22, 2011-Ohio-4608, 955 N.E.2d 378.
{¶3} Accordingly, the court grants the respondent's motion for summary judgment, and denies Doleh's application for an extraordinary writ. Relator to pay costs. The court directs the clerk to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). ____________________________
KENNETH A. ROCCO, PRESIDING JUDGE
KATHLEEN ANN KEOUGH, J., and
EILEEN A. GALLAGHER, J., CONCUR