State ex rel. v. McClelland

[Cite as State ex rel. v. McClelland, 2014-Ohio-217.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 100429 STATE OF OHIO, EX REL. BASIR A. ALSABUR

RELATOR vs.

JUDGE ROBERT C. McCLELLAND

RESPONDENT JUDGMENT:

WRIT DENIED Writ of Procedendo Motion No. 469077 Order No. 470855

RELEASE DATE: January 17, 2014

FOR RELATOR Basir A. Alsabur, pro se #A-255556 Richland Correctional Institution P.O. Box 8107 1001 Olivesburg Road Mansfield, Ohio 44901 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant Prosecuting Attorney The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 SEAN C. GALLAGHER, P.J.:

{¶1} On September 19, 2013, the relator, Basir Alsabur, commenced this procedendo action against the respondent, Judge Joseph Russo, to compel the judge to rule on his motion for void judgment, which he filed on January 24, 2011, in the underlying case, State v. Coats, Cuyahoga C.P. No. CR-215362.1 On October 15, 2013, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a journal entry, file-stamped October 4, 2013, in the underlying case, denying the subject motion. This journal entry establishes that the judge has proceeded to judgment and that this procedendo action is moot. Alsabur never filed a response to the motion for summary judgment.

{¶2} Additionally, the relator failed to support his complaint with an affidavit “specifying the details of the claim” as required by Loc.App.R. 45(B)(1)(a). This is sufficient reason to deny the writ. State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402.

{¶3} Accordingly, the court grants the respondent’s motion for summary judgment and denies the application for a writ of procedendo. Costs assessed against relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).

{¶4} Writ denied.

The relator was tried under the name Leroy Coats. He now calls himself Basir Alsabur. SEAN C. GALLAGHER, PRESIDING JUDGE KATHLEEN ANN KEOUGH, J., and MARY EILEEN KILBANE, J., CONCUR