[Cite as State ex rel. Walker v. Donnelly, 2014-Ohio-504.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100512
STATE OF OHIO EX REL.,
ANTHONY WALKER
RELATOR
vs.
JUDGE MICHAEL DONNELLY
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 46927
Order No. 471604
RELEASED: February 7, 2014
-i-
FOR RELATOR
Anthony Walker, Pro Se
Inmate No. A 250-265
Grafton Correctional Institution
2500 South Avon-Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, J.:
{¶1} Anthony Walker has filed a complaint for a writ of mandamus. Walker
seeks an order from this court that requires Judge Michael Donnelly to render a ruling
with regard to a “request to invoke or enforce specific plea agreement” filed
in State v. Walker, Cuyahoga C.P. Nos. CR-268354 and CR-269956. For the
following reasons, we decline to issue a writ of mandamus on behalf of Walker.
{¶2} Initially, we find that Walker has failed to comply with Loc.App.R.
45(B)(1)(a), which mandates that a complaint for a writ of mandamus must be supported
by a sworn affidavit that specifies the details of his claim for relief. State ex rel. Leon v.
Cuyahoga Cty. Court of Common Pleas, 8th Dist. Cuyahoga No. 92826, 2009-Ohio-1612;
State ex rel. Santos v. McDonnell, 8th Dist. Cuyahoga No. 90659, 2008-Ohio-214; Turner
v. Russo, 8th Dist Cuyahoga No. 87852, 2006-Ohio-4490; Barry v. Galvin, 8th Dist.
Cuyahoga No. 85990, 2005-Ohio-2324.
{¶3} In addition, Walker’s request for a writ of mandamus is moot. Attached to
Judge Donnelly’s motion for summary judgment are copies of journal entries, journalized
on October 21, 2013, which demonstrate that rulings have been rendered with regard to the
requests to invoke or enforce specific performance of plea. Thus, Walker is not entitled
to a writ of mandamus. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common
Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman,
6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶4} Accordingly, we grant Judge Donnelly’s motion for summary judgment.
Costs to Judge Donnelly. 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.
PATRICIA ANN BLACKMON, JUDGE
EILEEN A. GALLAGHER, P.J., and
EILEEN T. GALLAGHER, J., CONCUR