Court of Appeals of Ohio, Eighth District, Cuyahoga
of Mandamus Motion No. 527716 Order No. 528536
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and James E. Moss, Assistant Prosecuting Attorney,
Hall, pro se.
JOURNAL ENTRY AND OPINION
LASTER MAYS, JUDGE.
1} Cortez Hall has filed a complaint for a writ of
mandamus. Hall seeks an order from this court that requires
Judge Deena R. Calabrese to render a ruling with regard to a
"motion for sentence reduction" that was filed in
State v. Hall, Cuyahoga C.P. No.
CR-17-616636. Judge Calabrese has filed a motion for
summary judgment that is granted for the following reasons.
A review of the docket maintained in CR-17-616636 fails to
demonstrate that Hall has filed a "motion for sentence
reduction." Thus, Judge Calabrese possesses no duty to
render a ruling with regard to Hall's "motion for
sentence reduction." State ex rel. Ney v.
Niehaus, 33 Ohio St.3d 118, 515 N.E.2d 914 (1987).
3} Further review of the exhibits attached to the
motion for summary judgment, the docket maintained in
CR-17-616636, and a journal entry, journalized April 17,
2019, demonstrates that Judge Calabrese has rendered rulings
with regard to Hall's various motions: 1) motion to
vacate court costs and fines - granted in part; 2) motion to
vacate court costs - granted; 3) motion to vacate fines -
denied; 4) motion for discovery - denied; and 5) postsentence
motion to withdraw guilty plea - denied. 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.
4} Hall's complaint is also procedurally
defective because he has failed to comply with R.C.
2969.25(A) and 2969.25(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 Hall file a statement setting
forth his inmate account balance ''for each of the
preceding six months as certified by the institutional
cashier.'' Hall 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, 2006-Ohio-4490.
We also find that Hall's complaint is defective because
it is improperly captioned. Hall styled this action as
''State of Ohio, ex rel vs. Cortez
Hall.'' Pursuant to R.C. 2731.04, a complaint
for a writ of mandamus must be brought in the name of the
state on relation of the applying person. Rust v. Hall
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, Hall 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 the motion for summary
judgment. Costs to Hall; 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).
T. GALLAGHER, P.J., and MARY ...