Opinion
No. 106965
08-08-2018
STATE OF OHIO ON EX REL. DEAN A. JONES RELATOR v. DAVID T. MATIA, JUDGE RESPONDENT
FOR RELATOR Dean A. Jones, pro se Inmate No. A681059 Lake Erie Correctional Institution P.O. Box 8000 501 Thompson Road Conneaut, Ohio 44030 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 Procedendo
Motion No. 517702
Order No. 518997
FOR RELATOR
Dean A. Jones, pro se
Inmate No. A681059
Lake Erie Correctional Institution
P.O. Box 8000
501 Thompson Road
Conneaut, Ohio 44030
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 KATHLEEN ANN KEOUGH, J.:
{¶1} Dean A. Jones has filed a complaint for a writ of procedendo. Jones seeks an order from this court that requires Judge David T. Matia to issue findings of fact and conclusions of law with regard to a petition to vacate or set aside judgment of conviction filed in State v. Jones, Cuyahoga C.P. No. CR-15-598870, on April 10, 2017. Judge Matia has filed a motion for summary judgment that is granted for the following reasons.
{¶2} Attached to the motion for summary judgment is a copy of the findings of fact and conclusions of law, journalized May 14, 2018, with regard to Jones's petition to vacate or set aside judgment. Relief is unwarranted because procedendo will not compel the performance of a duty that has already been performed. State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49. Herein, the request for relief is moot.
{¶3} Finally, Jones's complaint for a writ of procedendo is procedurally defective because he has failed to comply with R.C. 2969.25(C). Pursuant to R.C. 2969.25(C), Jones is required to file a statement setting forth his inmate account balance "for each of the preceding six months as certified by the institutional cashier." Jones has failed to provide this court with a certified statement setting forth the balance in his inmate account. Freed v. Bova, 8th Dist. Cuyahoga No. 99908, 2013-Ohio-4378; Turner v. Russo, 8th Dist. Cuyahoga No. 87852, 2006-Ohio-4490.
{¶4} Accordingly, we grant Judge Matia's motion for summary judgment. Costs waived. 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).
{¶5} Writ denied. /s/_________
KATHLEEN ANN KEOUGH, JUDGE MELODY J. STEWART, P.J., and
LARRY A. JONES, SR., J., CONCUR