[Cite as State ex rel. Newell v. Fuerst, 2012-Ohio-3697.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98198
STATE EX REL. EMANUEL NEWELL
RELATOR
vs.
JUDGE NANCY A. FUERST
RESPONDENT
JUDGMENT:
WRITS DENIED
Writs of Mandamus and Procedendo
Motion No. 454755
Order No. 456990
RELEASE DATE: August 14, 2012
RELATOR
Emanuel Newell
No. A206453
Allen Correctional Institution
Attention C-Unit
2338 North West Street
Lima, Ohio 45802
ATTORNEYS FOR RESPONDENT
William D. Mason, Esq.
Cuyahoga County Prosecutor
By: James E. Moss, Esq.
Assistant County Prosecutor
8th Floor, Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
JAMES J. SWEENEY, J.:
{¶1} On April 10, 2012, the relator, Emanuel Newell, commenced this
mandamus and procedendo action against Judge William Mahon1 to compel the judge to
rule on two motions — (1) Motion to compel as for contempt in disobeying judgment and
(2) Motion to vacate journal entry filed 12-2-88 — which Newell filed in late 2011 in the
underlying case, State v. Newell, Cuyahoga C.P. No. CR-226066. On May 3, 2012, the
respondent judge, through the Cuyahoga County Prosecutor, moved for summary
judgment on the grounds of mootness. Attached to the dispositive motion was a
certified copy of a May 1, 2012 journal entry which denied both motions. Newell
never filed a response. Because the May 1, 2012 journal entry establishes that Newell
has received his requested relief, rulings on the subject motions, this writ action is moot.
{¶2} Relator also did not comply with R.C. 2969.25(C) which requires that an
inmate file a certified statement from his prison cashier setting forth the balance in his
private account for each of the preceding six months. This also is sufficient reason to
1
The original respondent was former judge William Mahon. In a prior entry, this court
recognized that presiding Judge Nancy A. Fuerst is the assigned judge to the underlying case and
instructed the clerk to substitute Judge Nancy Fuerst as the respondent and to change the caption in
this action accordingly. See Civ.R.25(D).
deny the writs, deny indigency status, and assess costs against the relator. State ex rel.
Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842.
{¶3} Accordingly, this court grants the respondent’s motion for summary
judgment and denies the application for writs of procedendo and mandamus. Relator to
pay costs. This 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).
{¶4} Writs denied.
JAMES J. SWEENEY, JUDGE
MELODY J. STEWART, P.J., and
KENNETH A. ROCCO, J., CONCUR