[Cite as State ex rel. Parker v. Russo, 2011-Ohio-2667.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 96722
STATE OF OHIO, EX REL.,
MICHAEL PARKER, JR.
RELATOR
vs.
THE HONORABLE JUDGE JOHN RUSSO
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 444583
Order No.
BEFORE: Blackmon, P.J., Boyle, J., and Celebrezze, J.
RELEASED AND JOURNALIZED: June 2, 2011
-i-
FOR RELATOR:
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Michael Parker, Jr., Pro Se
Inmate No. 572-106
Lake Erie Correctional Inst.
P. O. Box 8000
Conneaut, Ohio 44030
FOR RESPONDENT:
Judge John Russo
Cuyahoga County Common Pleas Court
William D. Mason
Cuyahoga County Prosecutor
James E. Moss
Assistant County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, J.:
{¶ 1} Michael Parker, Jr. has filed a complaint for a writ of
mandamus. Parker seeks an order from this court, that requires Judge
John Russo to issue findings of fact and conclusions of law with regard to
a motion for post-conviction relief, as filed in State v. Parker, Jr.,
Cuyahoga County Court of Common Pleas Case No. CR-521078. Judge
Russo has filed a motion for summary judgment, which we grant for the
following reasons.
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{¶ 2} Initially, we find that Parker’s complaint for a writ of
mandamus is defective for failure to comply with R.C. 2969.25(C), which
mandates that an inmate, who files a complaint against a government
entity or government employee, must support the complaint with a
statement that: (1) sets forth the balance in the inmate’s account for the
preceding six months, as certified by the institutional cashier; and (2) a
statement that sets forth all other cash and items of value as owned by
the inmate. The failure of Parker to support his complaint with a
statement of the balance contained within his institutional account, as
certified by the institutional cashier, warrants dismissal. Martin v.
Woods, 121 Ohio St.3d 609, 2009-Ohio-1928, 906 N.E.2d 1113; Clarke v.
McFaul, Cuyahoga App. No. 89447, 2007-Ohio-2520.
{¶ 3} Notwithstanding the aforesaid procedural defect, we find that
Parker’s request for a writ of mandamus is moot. On June 1, 2010,
Judge Russo denied Parker’s petition for post-conviction relief. In
addition, Judge Russo’s judgment entry fulfilled the mandatory
requirement of “findings of fact and conclusions of law” under R.C.
2953.21. The entry of June 1, 2010, apprised Parker of the grounds for
the judgment and would enable an appellate court to review the
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judgment on appeal. State ex rel. Carrion v. Harris (1988), 40 Ohio
St.3d 19, 530 N.E.2d 1330; State v. Mapson (1982), 1 Ohio St.3d 217, 438
N.E.2d 910; State v. Lester (1975), 41 Ohio St.2d 51, 322 N.E.2d 656.
{¶ 4} Accordingly, we grant Judge Russo’s motion for summary
judgment. Costs to Parker. It is further ordered that the Clerk of the
Eighth District Court of Appeals serve notice of this judgment upon all
parties as required by Civ.R. 58(B).
Writ denied.
___________________________________
PATRICIA ANN BLACKMON, JUDGE
MARY J. BOYLE, J., and
FRANK D. CELEBREZZE, JR., J., CONCUR