State ex rel. Oko v. McDonnell

Full title: STATE OF OHIO, EX REL., MICHAEL OKO RELATOR v. NANCY R. MCDONNELL, JUDGE…

Court: Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

Date published: Aug 13, 2012

2012 Ohio 3698 (Ohio Ct. App. 2012)

Opinion

No. 98241

08-13-2012

STATE OF OHIO, EX REL., MICHAEL OKO RELATOR v. NANCY R. MCDONNELL, JUDGE RESPONDENT

FOR RELATOR Michael Oko, pro se Inmate No. 500-505 Lake Erie Correctional Institution ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor James E. Moss Assistant County Prosecutor

MARY J. BOYLE

JOURNAL ENTRY AND OPINION

JUDGMENT:

WRIT DENIED

Writ of Mandamus

Motion No. 454873

Order No. 457102

FOR RELATOR

Michael Oko, pro se

Inmate No. 500-505

Lake Erie Correctional Institution

ATTORNEYS FOR RESPONDENT

William D. Mason

Cuyahoga County Prosecutor

James E. Moss

Assistant County Prosecutor
MARY J. BOYLE, J.:

{¶1} Relator requests that this court compel respondent judge to dispose of his motion for jail-time credit in State v. Oko, Cuyahoga C.P. No. CR-447702. (Although Oko avers that the motion was filed on January 20, 2012, the docket reflects that the motion was filed on March 29, 2012.)

{¶2} Respondent has filed a motion for summary judgment attached to which is a copy of a journal entry issued by respondent and received for filing by the clerk on April 4, 2012, in which respondent granted relator 134 days jail-time credit. Relator has not opposed the motion for summary judgment. Respondent argues that this action in mandamus is, therefore, moot. We agree.

{¶3} Additionally, Oko

failed to file an affidavit containing a description of each civil action or appeal of a civil action that he had filed in the previous five years in any state or federal court, in violation of R.C. 2969.25(A). Furthermore, he failed to include in his affidavit of indigency a statement setting forth the balance in his inmate account for each of the preceding six months, as certified by the institutional cashier, in violation of R.C. 2969.25(C).

State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830, at ¶ 2. Oko's failure to comply with the requirements of R.C. 2969.25 provides a basis for dismissal. Id. at ¶ 3.

{¶4} Accordingly, respondent's motion for summary judgment is granted. Relator to pay costs. The clerk of court is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).

{¶5} Writ denied.

________________________

MARY J. BOYLE, JUDGE
MELODY J. STEWART, P.J., and
LARRY A. JONES, SR., J., CONCUR