Clarke v. Gallagher, 2008 Ohio 4869 (Ohio App. 9/22/2008)
Citation | 2008 Ohio 4869 |
Decision Date | 22 September 2008 |
Docket Number | No. 91805.,91805. |
Parties | Oniel Clarke, Relator, v. Judge Eileen A. Gallagher, Respondent. |
Court | Ohio Court of Appeals |
Oniel Clarke, pro se, Inmate No. 261-370, Cuyahoga County Jail, P.O. Box 5600, Cleveland, Ohio 44101, for Relator.
William D. Mason, Cuyahoga County Prosecutor, By: T. Allan Regas, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Respondent.
JOURNAL ENTRY AND OPINION
{¶ 1} Relator, Oniel Clarke, requests that this court compel respondent judge to rule on unspecified motions which he avers are pending in State v. Clarke, Cuyahoga County Court of Common Pleas Case No. CR-466666.
{¶ 2} Respondent has filed a motion to dismiss. Relator has not opposed the motion. We find the motion to dismiss to be well-taken and dismiss this action.
{¶ 3} In the complaint, "*** the Relator implores this honorable court to direct respondent to rule on all motions set before the said court and to dismiss all charges ***." Complaint, ad damnum clause, at 1-2. Clarke does not, however provide any information on which motions are in controversy. In Sultaana v. Giant Eagle, Cuyahoga App. No. 90130, 2007-Ohio-3769, the relator requested that this court compel the judge in the underlying case to act on motions and requests which were filed with the respondent court. Id. at ¶3. The relator's failure to plead specific facts resulted in dismissal of the complaint in mandamus. Id. at ¶ 4, et seq. See also State ex rel. Henderson v. McCormick (Nov. 4, 1999), Cuyahoga App. No. 77008; State ex rel. Aliane v. Sheward, Franklin App. No. 02AP-949, 2003-Ohio-6554.
{¶ 4} Likewise, Clarke's request that this court compel respondent to dismiss the underlying case is not appropriate for mandamus. "." State ex rel. Baker v. Lawther (Jan. 26, 1989), Cuyahoga App. No. 84850, at 2-3. See also State ex rel. Brady v. Russo, Cuyahoga App. No. 90419, 2007-Ohio-5333, at ¶8. Because Clarke is requesting that this court issue a writ of mandamus to control judicial discretion and to require a specific outcome in a judicial proceeding, the complaint fails to state a claim upon which relief can be granted.
{¶ 5} Additionally, State v. McMonagle, Cuyahoga App. No. 91477, 2008-Ohio-3798, at ¶2.
{¶ 6} Similarly, relator has failed to comply with Loc.App.R. 45(B)(1)(a) which requires that complaints in original actions be supported by an affidavit from the plaintiff or relator specifying the details of the claim. State ex rel. Hightower v. Russo, Cuyahoga App. No. 82321, 2003-Ohio-3679. Relator State ex rel. Hall v. Calabrese (Aug. 16, 2001), Cuyahoga App. No. 79810, at 2.
{¶ 7} Accordingly, respondent's ...
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