Court of Appeals of Ohio, Eighth District, Cuyahoga
of Mandamus Motion No. 515621 Order No. 518977
RELATOR Ronald L. Harris, Sr.
ATTORNEYS FOR RESPONDENT Michael C. O'Malley Cuyahoga
County Prosecutor By: James E. Moss Assistant County
JOURNAL ENTRY AND OPINION
J. STEWART, J.
Ronald L. Harris, Sr. has filed a complaint for a writ of
mandamus. Harris seeks an order from this court that requires
Judge Robert McClelland to immediately proceed to trial or
dismiss the criminal charges pending in State v.
Harris, Cuyahoga C.P. No. CR-17-620794, based upon a
claim of lack of speedy trial. Judge McClelland has filed a
motion for summary judgment that is granted for the following
Initially, we find that Harris's complaint for a writ of
mandamus is defective because it is improperly captioned. The
complaint for a writ of mandamus is styled as "Motion of
Writ of Mandamus." Pursuant to RC. 2731.04, a complaint
for a writ of mandamus must be brought in the name of the
state on relation of the person applying and cannot be
captioned as a motion. Rust v. Lucas Cty. Bd. of
Elections, 108 Ohio St.3d 139, 2005-Ohio-5795, 841
N.E.2d 766; State ex rel. Simms v. Sutula, 81 Ohio
St.3d 110, 689 N.E.2d 564 (1998); Maloney v. Court of
Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d
270 (1962). Harris has also failed to comply with Civ.R.
10(A), which requires that the complaint must include the
addresses of all parties. Bandy v. Villanueva, 8th
Dist. Cuyahoga No. 96866, 2011-Ohio-4831.
In addition, Harris has failed to comply with R.C. 2969.25(A)
and 2969.25(C). Pursuant to R.C. 2969.25(A), an inmate who
commences a civil action against a government entity or
employee must also file 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. R.C. 2969.25(C)
requires that Harris file a statement setting forth his
inmate account balance for each of the preceding six months
as certified by the institutional cashier. Freed v.
Bova, 8th Dist. Cuyahoga No. 99908, 2013-Ohio-4378;
Turner v. Russo, 8th Dist. Cuyahoga No. 87852,
2006-Ohio-4490. Harris has not filed with his complaint for a
writ of mandamus the sworn affidavit that details the civil
actions filed in the previous five years or the certified
cashier statement. It must also be noted that the failure to
comply with the mandatory requirements of R.C. 2969.25(A) and
2969.25(C) cannot be cured through an amendment of the
original complaint. State ex rel. Swain v. Ohio Adult
Parole Auth., 151 Ohio St.3d 552, 2017-Ohio-9175, 90
N.E.3d 936; Fuqua v. Williams, 100 Ohio St.3d 211,
2003-Ohio-5533, 797 N.E.2d 982.
Finally, a lack of speedy trial claim cannot be addressed
through a complaint for a writ of mandamus. Speedy trial
issues can be addressed only through direct appeal. State
ex rel. Dix v. Angelotta, 18 Ohio St.3d 115, 480 N.E.2d
407 (1985). Furthermore, an appeal is an adequate remedy,
precluding mandamus for addressing speedy trial issues.
State ex rel. Ross v. State, 102 Ohio St.3d 73,
2004-Ohio-1827, 806 N.E.2d 553, and Bryan v. Knapp,
21 Ohio St.3d 64, 488 N.E.2d 142 (1986).
Accordingly, we grant Judge McClelland's motion for
summary judgment. Costs to Harris. 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).