State ex Rel. Lewis v. Judge Brown

Full title: STATE OF OHIO ex rel. RANDY LEWIS Relator v. JUDGE LLOYD BROWN (Deceased…

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Jul 8, 1999

No. 76316 Motion No. 7413 (Ohio Ct. App. Jul. 8, 1999)

Opinion

No. 76316 Motion No. 7413

July 8, 1999

PETITION FOR WRIT OF MANDAMUS JUDGMENT: DISMISSED.

APPEARANCES:

RANDY LEWIS, pro se, #137-610, For relator

WILLIAM D. MASON, Cuyahoga County Prosecutor, For respondent

JOURNAL ENTRY AND OPINION

JAMES M. PORTER, A.J.

Relator, Randy Lewis, has filed a complaint for a writ of mandamus through which he seeks an order from this court that requires the respondent, Judge Lloyd O. Brown, to grant a "motion for default judgement pursuant to Civil Rule (55) (a)," which was filed in the underlying case of State v. Lewis, Cuyahoga County Court of Common Pleas Case No. CR-264783.

In order for this court to issue a writ of mandamus, the relator must establish that: 1) the relator possesses a clear legal right to the relief requested; 2) the respondent possesses a clear legal duty to perform the requested act; and 3) the relator possesses no plain and adequate remedy at law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65. In the case sub judice, the relator has failed to establish each prong of the aforesaid three-part test. State ex rel. Bardo v. Lyndhurst (1988), 37 Ohio St.3d 106; State ex rel. Westchester Estates, Inc. v. Bacon (1980), 61 Ohio St.2d 42.

Accordingly, we sua sponte dismiss the relator's complaint for a writ of mandamus. Costs to relator.

Writ dismissed.

ANN DYKE, J., CONCURS

___________________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE