State Ex Rel. Petway v. Burnside, Unpublished Decision (1-26-2005)
State Ex Rel. Petway v. Burnside, Unpublished Decision (1-26-2005)
Opinion of the Court
{¶ 2} Initially, we find that Petway has failed to comply with Loc. App. R. 45(B)(1)(a), which mandates that the complaint must be supported by an affidavit that specifies the details of the claim. The failure of Petway to comply with the supporting affidavit requirement of Loc. App. R. 45(B)(1)(a) requires dismissal of the complaint for a writ of mandamus. State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899; State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077.
{¶ 3} In addition, Petway's request for a writ of mandamus is moot. Attached to Judge Burnside's motion to dismiss is a copy of judgment entry, as journalized on October 21, 2004, which demonstrates that Petway entered a plea of guilty to the charged offense of attempted vandalism. Petway's request for medical records, in order to aid his defense in the underlying criminal action, is now moot. State ex rel. Jerningham v.Cuyahoga County Court of Common Pleas,
{¶ 4} Accordingly, we grant Judge Burnside's motion to dismiss. Costs to Petway. 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).
Dismissed.
Calabrese, JR., J., Concurs. Kilbane, J., Concurs.
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