Opinion
No. 108216
04-30-2019
LORENZO THIGPEN, Relator, v. JUDGE KATHLEEN SUTULA, Respondent.
Appearances: Lorenzo Thigpen, pro se, relator. Michael C. O'Malley, Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent.
JOURNAL ENTRY AND OPINION JUDGMENT: DENIED Writ of Procedendo
Motion No. 526467
Order No. 527364
Appearances:
Lorenzo Thigpen, pro se, relator. Michael C. O'Malley, Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent. LARRY A. JONES, SR., P.J.:
{¶ 1} Lorenzo Thigpen has filed a complaint for a writ of procedendo. Thigpen seeks an order from this court that requires Judge Kathleen Ann Sutula to render rulings with regard to motions to stay court costs filed in State v. Thigpen, Cuyahoga C.P. Nos. CR-09-532314 and CR-11-551487. For the following reasons, we grant Judge Sutula's motion for summary judgment.
{¶ 2} Attached to Judge Sutula's motion for summary judgment are copies of judgments, journalized on March 6, 2019, in CR-09-532314-A and journalized on March 7, 2019, in CR-11-551487-A, that demonstrate rulings have been rendered with regard to the motions to stay costs. Thigpen's complaint is moot because procedendo will not issue to compel the performance of a duty that has already been performed. State ex rel. Clay v. Gee, 138 Ohio St.3d 151, 2014-Ohio-48, 4 N.E.3d 1026; State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220.
{¶ 3} In addition, when filing an original action in a court of appeals, an inmate is statutorily required to attach an affidavit listing all federal and state civil actions or appeals of civil actions that he has filed in the previous five years. R.C. 2969.25(A). Noncompliance with this requirement is fatal and provides a sufficient basis for dismissing the petition. State ex rel. White v. Bechtel, 99 Ohio St.3d 11, 2003-Ohio-2262, 788 N.E.2d 634.
{¶ 4} Finally, R.C. 2969.25(C)(1) requires an inmate filing a civil action against a governmental entity, who is seeking waiver of prepayment of court filing fees, to file a statement that sets forth the balance in the inmate's account for each of the preceding six months, as certified by the institutional cashier. An inmate's failure to comply with R.C. 2969.25(C)(1) warrants dismissal of the complaint. State ex rel. Powe v. Lanzinger, Slip Opinion No. 2019-Ohio-954; State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842.
{¶ 5} Accordingly, we grant Judge Sutula'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).
{¶ 6} Writ denied. /s/_________
LARRY A. JONES, SR., PRESIDING JUDGE KATHLEEN ANN KEOUGH, J., and
RAYMOND C. HEADEN, J., CONCUR