State Ex Rel. Stanley v. Jones, Unpublished Decision (2-9-2005)
State Ex Rel. Stanley v. Jones, Unpublished Decision (2-9-2005)
Opinion of the Court
{¶ 2} Attached to the respondent's motion for summary judgment is a copy of the court's findings of fact and conclusions of law denying Stanley's post-conviction petition. Thus, Stanley's petition for a writ of mandamus is moot.1 State ex rel. Grant v. Coleman (1983),
{¶ 3} We also find that Stanley failed to comply with Loc.App.R. 45(B)(1)(a) which provides that all complaints must contain the specific statements of fact upon which the claim of illegality is based and must be supported by an affidavit from the plaintiff or relator specifying the details of the claim. State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077; State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899. Stanley also failed to comply with R.C.
{¶ 4} Accordingly, we grant the respondent's motion for summary judgment. Respondent to bear costs. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B).
Writ denied.
Gallagher, P.J., concurs Calabrese, J., concurs.
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