[Cite as State ex rel. McDuffie, 2018-Ohio-2124.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 106915
STATE OF OHIO, EX REL.
MAURICE MCDUFFIE
RELATOR
vs.
SHIRLEY STRICKLAND SAFFOLD, JUDGE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 516421
Order No. 517280
RELEASE DATE: May 25, 2018
FOR RELATOR
Maurice McDuffie, pro se
Inmate No. A650882
Lake Erie Correctional Institution
501 Thompson Road
Conneaut, Ohio 44030
ATTORNEYS FOR RESPONDENT
Michael C. O’Malley
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
LARRY A. JONES, SR., J.:
{¶1} On March 8, 2018, the relator, Maurice McDuffie, commenced this procedendo
action against the respondent, Judge Shirley Strickland Saffold, to compel the judge to proceed to
judgment on two motions — a March 15, 2014 motion to vacate costs and a May 20, 2014
motion for court’s approval of a partial payment plan — that he filed in the underlying case, State
v. McDuffie, Cuyahoga C.P. No. CR-12-567263-A. On April 5, 2018, the respondent moved
for summary judgment on the grounds of mootness. Attached to the dispositve motion was a
journal entry, file-stamped March 23, 2018, in which the judge denied both motions. McDuffie
never filed a response. The journal entry establishes that the respondent judge has proceeded to
judgment on the subject motions and that this procedendo 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 deny the writ, 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; State ex rel. Hunter v. Cuyahoga Cty. Court of
Common Pleas, 88 Ohio St.3d 176, 2000-Ohio-285, 724 N.E.2d 420; and Hazel v. Knab, 130
Ohio St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378 — the defect may not be cured by subsequent
filings.
{¶3} Accordingly, this court grants the respondent’s motion for summary judgment and
denies the application for a writ of procedendo. Relator to pay costs. This court directs the
clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as
required by Civ.R. 58(B).
{¶4} Writ denied.
LARRY A. JONES, SR., JUDGE
MARY EILEEN KILBANE, P.J., and
MARY J. BOYLE, J., CONCUR