[Cite as State ex rel. Peterson v. Sutula, 2011-Ohio-4646.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 96744
STATE OF OHIO EX REL.,
DAMIEN L. PETERSON
RELATOR
vs.
JUDGE JOHN D. SUTULA
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 444842
Order No. 447196
RELEASE DATE: September 14, 2011
FOR RELATOR
Damien L. Peterson, Pro Se
Inmate No. 503-884
Marion Correctional Institution
P.O. Box 57
940 Marion-Williamsport Road
Marion, OH 43302
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
MELODY J. STEWART, P.J.:
{¶ 1} Relator, Damien L. Peterson, requests that this court issue a writ of procedendo
compelling respondent judge to issue a ruling on the motion to vacate void sentencing journal
entry/judgement of conviction filed by Peterson in State v. Peterson, Cuyahoga County Court
of Common Pleas Case No. CR-388072 on November 12, 2010.
{¶ 2} Respondent has filed a motion for summary judgment attached to which is a
copy of the journal entry received for filing by the clerk on May 25, 2011 denying the motion
to vacate void sentencing journal entry/judgement of conviction. Relator has not opposed the
motion. Respondent argues that this action in procedendo is, therefore, moot. We agree.
{¶ 3} We also note that Peterson has not complied with the requirement of R.C.
2969.25 that he provide an affidavit describing “each civil action or appeal of a civil action
that the inmate has filed in the previous five years in any state or federal court.” R.C.
2969.25(A). Failure to comply with this provision provides a basis for dismissal of an action
in procedendo. State ex rel. Huffman v. Ambrose, 8th Dist. No. 95546, 2010-Ohio-5376.
Peterson also failed to support his complaint with a statement setting forth the balance in his
inmate account as certified by the institutional cashier. See R.C. 2969.25(C). “This also is
sufficient reason to deny the writ, deny indigency status, and assess costs against the relator.”
Id. ¶9.
{¶ 4} Accordingly, respondent’s motion for summary judgment is granted. Relator
to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its
date of entry upon the journal. Civ.R. 58(B).
Writ denied.
MELODY J. STEWART, PRESIDING JUDGE
FRANK D. CELEBREZZE, JR., J., and
SEAN C. GALLAGHER, J., CONCUR