From Casetext: Smarter Legal Research

State ex Rel. Carroll, V. Corrigan

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Oct 12, 2000
NO. 78131 (Ohio Ct. App. Oct. 12, 2000)

Opinion

NO. 78131

October 12, 2000

PETITION FOR WRIT OF MANDAMUS, MOTION NO. 21562

For relator:

DANIEL CARROLL, pro se #A-242-060 N.C.C.I. Post Office Box 1812 Marion, Ohio 43301

For respondent:

WILLIAM D. MASON Cuyahoga County Prosecutor ANDREW J. NICHOL Assistant Prosecuting Attorney Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113


Daniel Carroll, relator, is seeking a writ of mandamus to compel respondent, Judge Daniel 0. Corrigan, to issue findings of fact and conclusions of law for the denial of a Motion to Correct Illegal Sentence in C.P. Case No. CR-269172 on May 10, 1996. For the following reasons, we sua sponte dismiss the petition.

A petition for a writ of mandamus may be dismissed sua sponte if it is obvious that the relator cannot prevail on the facts alleged in the petition. State ex rel. Peeples v. Anderson (1995), 73 Ohio St.3d 559, 653 N.E.2d 371; State ex rel. Tran v. Christian (Jan. 29, 1996), Cuyahoga App. No. 70116, unreported. Relator alleges in his petition that he filed a mandamus action previously and sought the identical relief, which this court denied on the merits in State ex rel. Carroll v. Corrigan (July 2, 1998), Cuyahoga App. No. 74561, unreported. In light of the earlier decision of this court, wherein relator sought the identical relief for the same motion, it is obvious that relator cannot prevail on his current petition.

In addition, dismissal is warranted since relator has failed to support his petition with an affidavit as required by Loc.App.R. 45 (B)(i)(a). State ex rel Dunn v. Corrigan (Nov. 19, 1999), Cuyahoga App. No. 77027, unreported.

Accordingly, the petition for writ of mandamus is dismissed sua sponte. Costs to be assessed against relator. The Clerk of court is to serve notice upon all parties as provided in Civ.R. 58 (B).

TERRENCE O'DONNELL.J. CONCURS

ANN DYKE ADMINISTRATIVE JUDGE


Summaries of

State ex Rel. Carroll, V. Corrigan

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Oct 12, 2000
NO. 78131 (Ohio Ct. App. Oct. 12, 2000)
Case details for

State ex Rel. Carroll, V. Corrigan

Case Details

Full title:State of Ohio ex rel. v. Daniel O. Corrigan, Court of Common Pleas

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Oct 12, 2000

Citations

NO. 78131 (Ohio Ct. App. Oct. 12, 2000)