Opinion
No. 102876
06-23-2015
JOHN L. TURNER, JR. RELATOR v. JUDGE DONNA CONGENI FITZSIMMONS, ET AL. RESPONDENTS
FOR RELATOR John L. Turner, pro se Rocky River Jail 21012 Hilliard Blvd. Rocky River, Ohio 44116 ATTORNEYS FOR RESPONDENTS For Judge Fitzsimmons Andrew D. Bemer Law Director Michael O'Shea Prosecutor City of Rocky River 21012 Hilliard Blvd. Rocky River, Ohio 44116 For Michael O'Shea Michael O'Shea Prosecutor Rocky River Municipal Court 21012 Hilliard Blvd. Rocky River, Ohio 44116
JOURNAL ENTRY AND OPINION JUDGMENT: COMPLAINT DISMISSED Writ of Mandamus
Motion No. 485201
Order No. 485702
FOR RELATOR John L. Turner, pro se
Rocky River Jail
21012 Hilliard Blvd.
Rocky River, Ohio 44116
ATTORNEYS FOR RESPONDENTS
For Judge Fitzsimmons
Andrew D. Bemer
Law Director
Michael O'Shea
Prosecutor
City of Rocky River
21012 Hilliard Blvd.
Rocky River, Ohio 44116
For Michael O'Shea
Michael O'Shea
Prosecutor
Rocky River Municipal Court
21012 Hilliard Blvd.
Rocky River, Ohio 44116
FRANK D. CELEBREZZE, JR., A.J.:
{¶1} Relator, John L. Turner, Jr., filed this action for a writ of mandamus. He seeks an order compelling respondent Judge Donna Congeni Fitzsimmons and the Rocky River prosecutor to dismiss the charges against him in numerous municipal court cases, Rocky River v. John L. Turner, Jr., Rocky River M.C. Nos. 14 CRB 1651, 1652, 1653, 1654, 1655, 1656 due to an alleged violation of his rights to a speedy trial and trial by jury. Respondent Judge Fitzsimmons has filed a motion to dismiss for failure to comply with the requirements of R.C. 2969.25(C)(1) and (2). Turner opposed the motion to dismiss but did not dispute that he failed to comply with the statutory requirements. He argues that his constitutional rights outweigh the mandates of the statute. The motion to dismiss is granted for the reasons that follow.
{¶2} "The requirements of R.C. 2969.25 are mandatory and failure to comply with them requires dismissal of an inmate's complaint." State ex rel. Hall v. Mohr, 140 Ohio St.3d 297, 2014-Ohio-3735, 17 N.E.3d 581 ¶ 4. Turner failed to file the cashier's statement required by the law. Accordingly, his failure to comply with R.C. 2969.25(C) requires the dismissal of this action.
{¶3} Further, mandamus is not the proper remedy for alleged speedy trial violations. State v. Michailides, 8th Dist. Cuyahoga No. 93006, 2009-Ohio-2733, ¶ 5, citing, Jackson v. Wilson, 100 Ohio St.3d 315, 2003-Ohio-6112, 798 N.E.2d 1086. ("A claim of lack of speedy trial can only be addressed through a direct appeal.").
{¶4} Respondent's motion to dismiss is granted. 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} Petition dismissed.
/s/_________
FRANK D. CELEBREZZE, JR., ADMINISTRATIVE JUDGE
MELODY J. STEWART, J., and
ANITA LASTER MAYS, J., CONCUR