[Cite as State ex rel. Velez v. Russo, 2014-Ohio-2779.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101332
STATE EX REL., PEDRO R. VELEZ
RELATOR
vs.
HONORABLE JOSEPH RUSSO
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Order No. 475757
Motion No. 475325
RELEASE DATE: June 23, 2014
FOR RELATOR
Pedro R. Velez
Inmate No. 651-114
Trumbull Correctional Institution
P.O. Box 901
Leavittsburg, OH 44430
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, OH 44113
TIM McCORMACK, J.:
{¶1} Pedro R. Velez has filed a complaint for a writ of mandamus. Velez seeks
an order from this court that requires Judge Joseph D. Russo to render a ruling with
regard to a motion for jail-time credit that was filed in State v. Velez, Cuyahoga C.P. No.
CR-573694.
{¶2} Attached to Judge Russo’s motion for summary judgment is a copy of a
judgment entry, journalized on May 29, 2014, which demonstrates that a ruling has been
rendered with regard to Velez’s motion for jail-time credit. Thus, the complaint for a
writ of mandamus is moot. 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).
{¶3} It must also be noted that Velez’s complaint for a writ of mandamus did not
contain: (1) a sworn affidavit, that specified the details of his claim, as required by
Loc.App.R. 45(B)(1)(a); (2) an affidavit that specified each civil action or appeal of a
civil action filed within the last five years, as required by R.C. 2969.25(A); and (3)
statements that sets forth the balance in his account for the preceding six months and also
set forth all other owned cash and things of value, as required by R.C. 2969.25(C). The
failure to comply with the requirements of Loc.App.R. 45(B)(1)(a), R.C. 2969.25(A), and
2969.25(C) warrants dismissal of Velez’s complaint for a writ of mandamus. See State
ex rel. Washington v. Ohio Adult Parole Auth., 87 Ohio St.3d 258, 719 N.E.2d 544
(1999); State ex rel. Jones v. McGinty, 8th Dist. Cuyahoga No. 92602, 2009-Ohio-1258;
State ex rel. Hightower v. Russo, 8th Dist. Cuyahoga No. 82321, 2003-Ohio-3679.
{¶4} Accordingly, we grant Judge Russo’s motion for summary judgment.
Costs to Judge Russo. Costs waived. The court directs the clerk of court to serve all
parties with notice of this judgment and its date of entry upon the journal as required by
Civ.R. 58(B).
{¶5} Writ denied.
__________________________________________
TIM McCORMACK, JUDGE
SEAN C. GALLAGHER, P.J., and
MELODY J. STEWART, J., CONCUR