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Strowder v. Astrab
[Cite as Strowder v. Astrab, 2014-Ohio-839.]
Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION No. 100889
DEMETRIUS STROWDER
RELATOR
vs.
JUDGE MICHAEL ASTRAB RESPONDENT
JUDGMENT: WRIT DENIED
Writ of Mandamus/Procedendo Motion No. 471927 Order No. 472435
RELEASE DATE: February 28, 2014
FOR RELATOR
Demetrius Strowder, pro se Inmate No. 604-072 Marion Correctional Institution P.O. Box 57 Marion, Ohio 43301
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113
MARY J. BOYLE, A.J.:
{¶1} Demetrius Strowder has filed a complaint for a writ of mandamus and/or procedendo. Strowder seeks an order from this court that requires Judge Michael Astrab to render a ruling with regard to a “motion for court to order clerk to serve notice of final order of judgment” filed in State v. Strowder, Cuyahoga C.P. No. CR-542305. For the following reasons, we decline to issue a writ of mandamus and/or procedendo on behalf of Strowder.
{¶2} Initially, we find that Strowder has failed to comply with Loc.App.R. 45(B)(1)(a), which mandates that a complaint for a writ of mandamus must be supported by a sworn affidavit that specifies the details of his claim for relief. State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 8th Dist. Cuyahoga No. 92826, 2009-Ohio-1612; State ex rel. Santos v. McDonnell, 8th Dist. Cuyahoga No. 90659, 2008-Ohio-214; Turner v. Russo, 8th Dist. Cuyahoga No. 87852, 2006-Ohio-4490; Barry v. Galvin, 8th Dist. Cuyahoga No. 85990, 2005-Ohio-2324.
{¶3} In addition, Strowder’s request for a writ of mandamus and/or procedendo is moot. Attached to Judge Astrab’s motion for summary judgment is a copy of a journal entry, journalized on January 22, 2014, which demonstrates that a ruling has been rendered with regard to the motion for court to order clerk to serve notice of final order of judgment. Thus, Strowder is not entitled to a writ of mandamus and/or procedendo. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983). Accordingly, we grant Judge Astrab’s motion for summary judgment. Costs to Strowder. The court directs the clerk of court to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied.
_____________________________________________ MARY J. BOYLE, ADMINISTRATIVE JUDGE
KENNETH A. ROCCO, J., and MARY EILEEN KILBANE, J., CONCUR