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Stadmire v. Donnelly

Court of Appeals of Ohio, Eighth District

July 2, 2013

RICHARD L. STADMIRE, PRO SE RELATOR
v.
JUDGE MICHAEL DONNELLY RESPONDENT

Writ of Procedendo Motion No. 465520, Order No. 465746

FOR RELATOR: Richard L. Stadmire, pro se Inmate No. 424-953

ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor, James E. Moss Assistant County Prosecutor

JOURNAL ENTRY AND OPINION

MARY J. BOYLE, PRESIDING JUDGE

{¶l} Richard L. Stadmire has filed a complaint for a writ of procedendo. Stadmire seeks an order from this court that requires Judge Michael Donnelly to render a ruling with regard to a "motion to dismiss indictment(s)" as filed in State v. Stadmire, Cuyahoga C.P. No. CR-410305. Stadmire also seeks findings of facts and conclusions of law with regard to any ruling as rendered with regard to the motion to dismiss. For the following reasons, we decline to issue a writ of procedendo.

{¶2} Initially, we find that Stadmire's complaint for a writ of procedendo is procedurally defective. A complaint for a writ of procedendo must be brought in the name of the state of Ohio, on relation of the person applying for the writ, and include the addresses of the parties as required by Civ.R. 10(A). Herein, Stadmire has failed to properly caption his complaint for a writ of procedendo. The failure of Stadmire to properly caption his complaint warrants dismissal. Rust v. Lucas Cty. Bd. of Elections, 108 Ohio St.3d 139, 2005-Ohio-5795, 841 N.E.2d 766; Moloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d 270 (1962); Simmons v. Saffold, 8th Dist. No. 94619, 2010-Ohio-918; Dunning v. Cleary, 8th Dist. No. 78763, 2001 Ohio App. LEXIS 79 (Jan. 11, 2001).

{¶3} Stadmire has also failed to comply with Loc.App.R. 45(B)(1)(a), which mandates that the complaint must be supported by an affidavit that specifies the details of his claim. The failure of Stadmire to comply with the supporting affidavit requirement of Loc.App.R. 45(B)(1)(a) requires dismissal of the complaint for a writ of procedendo. State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402; State ex rel. Smith v. McMonagle, 8th Dist. No. 70899 (July 17, 1996); State ex rel. Wilson v. Calabrese, 8th Dist. No. 70077, 1996 Ohio App. LEXIS 6213 (Jan. 18, 1996).

{¶4} Finally, Stadmire's request for a writ of procedendo is moot. Attached to Judge Donnelly's motion for summary judgment is a copy of a judgment entry, as journalized on May 21, 2013, which demonstrates that a ruling has been rendered with regard to Stadmire's motion to dismiss. 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). It must also be noted that Judge Donnelly possesses no duty to issue findings of fact and conclusions of law with regard to the denial of Stadmire's motion to dismiss. Jefferson v. Russo, 8th Dist. No. 90682, 2008-Ohio-135.

{¶5} Accordingly, we grant Judge Donnelly's motion for summary judgment. Costs to Judge Donnelly. Costs ordered waived. It is further ordered that the clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B).

{¶ 6} Writ denied.

MARY EILEEN KILBANE, J., and PATRICIA ANN BLACKMON, J., ...


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