[Cite as State ex rel. Jones v. Cook, 2014-Ohio-4735.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
LUCAS COUNTY
State of Ohio, ex rel. Denzell D. Jones Court of Appeals No. L-14-1202
Petitioner
v.
Lucas County Court of Common Pleas
Gary G. Cook DECISION AND JUDGMENT
Respondent Decided: October 21, 2014
*****
Denzell D. Jones, pro se.
*****
SINGER, J.
{¶ 1} On September 23, 2014, petitioner, Denzell D. Jones, filed an expedited
petition for a writ of mandamus against respondent, Judge Gary G. Cook, to compel
respondent to vacate “judgment order and face sanctions” in the foreclosure action, Wells
Fargo Bank, N.A. v. Jones, Lucas C.P. No. CI0200907150. Petitioner seeks to have
respondent disqualified and all of respondent’s judgments or rulings nullified based on
alleged rule-making, due process violations and judicial canon violations.
{¶ 2} Petitioner has requested relief in mandamus. A writ of mandamus is an
extraordinary writ and is only available when the court finds “that the relator has a clear
legal right to the relief prayed for, that the respondent is under a clear legal duty to
perform the requested act, and that relator has no plain and adequate remedy at law.”
State ex rel. Middletown Bd. of Edn. v. Butler Cty. Budget Comm., 31 Ohio St.3d 251,
253, 510 N.E.2d 383 (1987), quoting State ex rel. Westchester Estates, Inc. v. Bacon, 61
Ohio St.2d 42, 399 N.E.2d 81 (1980), paragraph one of the syllabus. Moreover, if a
relator had an adequate remedy, whether or not it was used, relief in mandamus is
precluded. State ex rel. Smith v. Fuerst, 8th Dist. Cuyahoga No. 86118, 2005-Ohio-3829,
¶ 4. Furthermore, mandamus is not a substitute for appeal, nor may it be used to control
judicial discretion or to correct errors and procedural irregularities in a case. Id.
{¶ 3} Here, the docket of the foreclosure action reveals respondent entered
judgment for Wells Fargo Bank, N.A. on August 26, 2011. On August 29, 2011,
petitioner filed a motion to void judgment entry; respondent subsequently denied this
motion. On October 7, 2011, petitioner filed an appeal with this court; the appeal was
dismissed as untimely. See Wells Fargo Bank, N.A. v. Jones, 6th Dist. Lucas No.
L-11-1247 (Nov. 16, 2011). Thereafter, petitioner filed numerous pleadings and motions
in the trial court seeking to set aside or void respondent’s August 26, 2011 judgment. All
of these pleadings and motions were denied by respondent. Petitioner had a plain and
2.
adequate remedy at law, by way of appeal, and is therefore not entitled to a writ of
mandamus.
{¶ 4} Accordingly, we dismiss this expedited petition for a writ of mandamus.
Costs assessed against petitioner. The clerk is directed to serve upon all parties a copy of
this decision in a matter prescribed by Civ.R. 5(B).
Writ denied.
Arlene Singer, J. _______________________________
JUDGE
Stephen A. Yarbrough, P.J.
_______________________________
James D. Jensen, J. JUDGE
CONCUR.
_______________________________
JUDGE
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.sconet.state.oh.us/rod/newpdf/?source=6.
3.