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State v. Russo

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Feb 27, 2015
2015 Ohio 772 (Ohio Ct. App. 2015)

Opinion

No. 102556

02-27-2015

STATE OF OHIO, EX REL. ORSINO IACOVONE RELATOR v. JUDGE JOHN J. RUSSO RESPONDENT

FOR RELATOR Orsino Iacavone Inmate #590-904 2075 S. Avon Belden Road Grafton, OH 44044 ATTORNEY FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, OH 44113


JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus
Motion No. 482694
Order No. 482984

FOR RELATOR

Orsino Iacavone
Inmate #590-904
2075 S. Avon Belden Road
Grafton, OH 44044

ATTORNEY FOR RESPONDENT

Timothy J. McGinty
Cuyahoga County Prosecutor
Justice Center - 9th Floor
1200 Ontario Street
Cleveland, OH 44113
SEAN C. GALLAGHER, J.:

{¶1} Orsino Iacovone has filed a complaint for a writ of mandamus. Iacovone seeks an order from this court that requires Judge John J. Russo to render a ruling with regard to a "motion to correct improper sentence, request for a new sentencing hearing" filed in State v. Iacovone, Cuyahoga C.P. No. CR-95-320647. Judge Russo has filed a motion for summary judgment, which we grant for the following reasons.

{¶2} Attached to Judge Russo's motion for summary judgment is a copy of a judgment entry, journalized on February 9, 2015, which demonstrates that a ruling has been rendered with regard to Iacovone's motion to correct improper sentence and conduct a new sentencing hearing. Thus, the complaint for a writ of mandamus is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).

{¶3} In addition, Iacovone's complaint for a writ of mandamus is defective. Iacovone has failed to comply with R.C. 2969.25(A), which mandates that he provide this court with 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.

{¶4} Accordingly, we grant Judge Russo's motion for summary judgment. Costs to Iacovone. Costs waived. The court directs the clerk of court to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).

{¶5} Writ denied. /s/_________
SEAN C. GALLAGHER, JUDGE
FRANK D. CELEBREZZE, JR., A.J., and
EILEEN A. GALLAGHER, J., CONCUR


Summaries of

State v. Russo

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Feb 27, 2015
2015 Ohio 772 (Ohio Ct. App. 2015)
Case details for

State v. Russo

Case Details

Full title:STATE OF OHIO, EX REL. ORSINO IACOVONE RELATOR v. JUDGE JOHN J. RUSSO…

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

Date published: Feb 27, 2015

Citations

2015 Ohio 772 (Ohio Ct. App. 2015)