Court of Appeals of Ohio, Eighth District, Cuyahoga
of Mandamus Motion No. 5288376 Order No. 526340
Charles Lucas, pro se.
Michael C. O'Malley, Prosecuting Attorney, and James E.
Moss, Assistant Prosecuting Attorney, for respondents.
JOURNAL ENTRY AND OPINION
T. GALLAGHER, P.J.
1} Charles Lucas has filed a complaint for a writ of
mandamus. Lucas seeks an order from this court that requires
Judge Daniel Gaul to issue rulings with regard to the
following motions that were docketed in State v.
Lucas, Cuyahoga C.P. No. CR-15-16-609934: 1) motion to
vacate judgment, filed September 13, 2018;; 2) supplemental
motion in support of motion to dismiss, filed September 18,
2018; 3) motion to dismiss, filed September 24, 2018; 4)
motion to deny the pronouncement of judgment, filed September
26, 2018; 5) motion to dismiss, filed October 5, 2018; 6)
motion for new trial, filed November 7, 2018; 7) motion for
new trial, filed November 13, 2018; 8) motion to redress,
filed November 20, 2018; 9) motion to dismiss, filed November
26, 2018; 10) motion to recuse/disqualify, filed December 11,
2018; 11) motion for arrest of judgment, filed December 31,
2018; and 12) petitions for postconviction relief filed on
June 7, 2018, June 8, 2018, and December 14, 2018. Judge Gaul
has filed a motion for summary judgment which is granted for
the following reasons.
2} Attached to Judge Gaul's certification of the
status of Lucas's pending motions, filed May 2, 2019, are
copies of journal entries, journalized April 19, 2019, and
May 2, 2019, that denied Lucas's various motions and
petitions for postconviction relief. Relief is unwarranted
because mandamus will not compel the performance of a duty
that has already been performed. State ex rel Williams v.
Croce, 153 Ohio St.3d 348, 2018-Ohio-2703, 106 N.E.3d
55; State ex rel. Hopson v. Cuyahoga Cty. Court of Common
Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d
49; State ex rel Fontanella v. Kontos, 117 Ohio
St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220. Herein, the
request for relief is moot.
3} In addition, a review of the docket in
CR-16-609934, demonstrates that Lucas was sentenced on April
15, 2019. Any pending motions, upon sentencing, are deemed
denied. State ex rel Harris v. Sutula, 8th Dist.
Cuyahoga No. 107662, 2018-Ohio-5045; State v.
Duncan, 8thDist. Cuyahoga No. 97208, 2012-Ohio-3683.
4} Lucas's complaint is also procedurally
defective because he has failed to comply with R.C.
2969.25(A) and (C). Pursuant to R.C. 2969.25(A), an inmate
that commences a civil action against a government entity or
employee must 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)(1)
requires that Lucas file a statement setting forth his inmate
account balance for each of the preceding six months as
certified by the institutional cashier. Lucas has failed to
provide this court with a notarized affidavit that describes
previously filed civil actions and 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,
We also find that Lucas's complaint is defective because
it is improperly captioned. Lucas styled this action as
Charles Lucas v. Judge Daniel Gaul, et al 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).
6} Finally, Lucas 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.
7} Accordingly, we grant Judge Gaul's motion for
summary judgment. Costs to Lucas; 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).