Opinion
No. 106882
07-20-2018
STATE OF OHIO RESPONDENT v. RONALD L. HARRIS, SR. RELATOR
FOR RELATOR Ronald L. Harris, Sr. Inmate No. 0110807 P.O. Box 5600 Cleveland, Ohio 44101 ATTORNEYS FOR RESPONDENT Michael C. O'Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus
Motion No. 515621
Order No. 518977
FOR RELATOR
Ronald L. Harris, Sr.
Inmate No. 0110807
P.O. Box 5600
Cleveland, Ohio 44101
ATTORNEYS FOR RESPONDENT
Michael C. O'Malley
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113 MELODY J. STEWART, J.:
{¶1} Ronald L. Harris, Sr. has filed a complaint for a writ of mandamus. Harris seeks an order from this court that requires Judge Robert McClelland to immediately proceed to trial or dismiss the criminal charges pending in State v. Harris, Cuyahoga C.P. No. CR-17-620794, based upon a claim of lack of speedy trial. Judge McClelland has filed a motion for summary judgment that is granted for the following reasons.
{¶2} Initially, we find that Harris's complaint for a writ of mandamus is defective because it is improperly captioned. The complaint for a writ of mandamus is styled as "Motion of Writ of Mandamus." Pursuant to R.C. 2731.04, a complaint for a writ of mandamus must be brought in the name of the state on relation of the person applying and cannot be captioned as a motion. Rust v. Lucas Cty. Bd. of Elections, 108 Ohio St.3d 139, 2005-Ohio-5795, 841 N.E.2d 766; State ex rel. Simms v. Sutula, 81 Ohio St.3d 110, 689 N.E.2d 564 (1998); Maloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d 270 (1962). Harris has also failed to comply with Civ.R. 10(A), which requires that the complaint must include the addresses of all parties. Bandy v. Villanueva, 8th Dist. Cuyahoga No. 96866, 2011-Ohio-4831.
{¶3} In addition, Harris has failed to comply with R.C. 2969.25(A) and 2969.25(C). Pursuant to R.C. 2969.25(A), an inmate who commences a civil action against a government entity or employee must also 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) requires that Harris file a statement setting forth his inmate account balance for each of the preceding six months as certified by the institutional cashier. Freed v. Bova, 8th Dist. Cuyahoga No. 99908, 2013-Ohio-4378; Turner v. Russo, 8th Dist. Cuyahoga No. 87852, 2006-Ohio-4490. Harris has not filed with his complaint for a writ of mandamus the sworn affidavit that details the civil actions filed in the previous five years or the certified cashier statement. It must also be noted that the failure to comply with the mandatory requirements of R.C. 2969.25(A) and 2969.25(C) cannot be cured through an amendment of the original complaint. State ex rel. Swain v. Ohio Adult Parole Auth., 151 Ohio St.3d 552, 2017-Ohio-9175, 90 N.E.3d 936; Fuqua v. Williams, 100 Ohio St.3d 211, 2003-Ohio-5533, 797 N.E.2d 982.
{¶4} Finally, a lack of speedy trial claim cannot be addressed through a complaint for a writ of mandamus. Speedy trial issues can be addressed only through direct appeal. State ex rel. Dix v. Angelotta, 18 Ohio St.3d 115, 480 N.E.2d 407 (1985). Furthermore, an appeal is an adequate remedy, precluding mandamus for addressing speedy trial issues. State ex rel. Ross v. State, 102 Ohio St.3d 73, 2004-Ohio-1827, 806 N.E.2d 553, and Bryan v. Knapp, 21 Ohio St.3d 64, 488 N.E.2d 142 (1986).
{¶5} Accordingly, we grant Judge McClelland's motion for summary judgment. Costs to Harris. 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).
{¶6} Writ denied. /s/_________
MELODY J. STEWART, JUDGE TIM McCORMACK, P.J., and
LARRY A. JONES, SR., J., CONCUR