[Cite as State v. Foster, 2012-Ohio-5702.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 98929

STATE OF OHIO

RESPONDENT 

vs. 

TRAVIS FOSTER

RELATOR 

JUDGMENT: 

WRIT DENIED 

Writ of Mandamus 

Motion No. 459159 
Order No. 460255 

RELEASE DATE: November 30, 2012 

FOR RELATOR

Travis Foster 

Inmate No. A600-699 

Marion Correctional Institution 

P.O. Box 57 

Marion, OH 43301-0057 

 

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty 

Cuyahoga County Prosecutor 

James E. Moss 

Assistant County Prosecutor 

9th Floor, Justice Center 

1200 Ontario Street 

Cleveland, OH 44113 

COLLEEN CONWAY COONEY, J.: 

{¶1} Travis Foster has filed a complaint for a writ of mandamus and seeks an order 

from this court requiring Judge Peter J. Corrigan to rule on motions for jail-time credit filed in 

Cuyahoga C.P. Case Nos. CR-542068, CR-543148, and CR-544799.1

 Judge Corrigan has 

filed a motion for summary judgment, which is granted for the following reasons. 

 1

Pursuant to Civ.R. 19(A), Judge Peter J. Corrigan is added as a necessary party to this 
{¶2} Initially, we find that Foster’s complaint for a writ of mandamus is defective, 

because it is improperly captioned. The complaint for a writ of mandamus must be brought in 

the name of the state on relation of the person applying. R.C. 2731.04; Maloney v. Court of 

Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d 270 (1962); Gannon v. Gallagher, 

145 Ohio St. 170, 60 N.E.2d 666 (1945). 

{¶3} Further review of the complaint for a writ of mandamus discloses that Foster has 

failed to comply with R.C. 2969.25, which requires the attachment of an affidavit to the 

complaint for a writ of mandamus that describes each civil action or appeal filed within the 

previous five years in any state or federal court. Foster’s failure to comply with R.C. 2969.25 

warrants the dismissal of the complaint for a writ of mandamus. State ex rel. Zanders v. Ohio 

Parole Bd., 82 Ohio St.3d 421, 1998-Ohio-218, 696 N.E.2d 594; Alford v. Winters, 80 Ohio 

St.3d 285, 1997-Ohio-117, 685 N.E.2d 1242. It must also be noted that Foster has failed to 

comply with Loc.App.R. 45(B)(1)(a), which mandates that his complaint for a writ of 

mandamus must be supported by an affidavit that specifies the details of the claim. State ex rel. 

Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 

N.E.2d 402; State ex rel. Wilson v. Calabrese, 8th Dist. No. 70077, 1996 Ohio App. LEXIS 

6213 (Jan. 18, 1996). 

 

original action and is designated as the respondent. 
{¶4} Finally, Foster’s request for a writ of mandamus is moot. Attached to the 

respondent’s motion for summary judgment are copies of judgment entries, journalized on 

October 4, 2012, that demonstrate that Perry has been granted jail-time credit in the amount of 

145 days in CR-542068, CR-543148, and CR-544799. Thus, Foster’s request for a writ of 

mandamus is moot. 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. Snider v. Stapleton, 65 Ohio 

St.3d 40, 600 N.E.2d 240 (1992); State ex rel. Richard v. Wells, 64 Ohio St.3d 76, 591 N.E.2d 

1240 (1992); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983). 

{¶5} Accordingly, we grant Judge Corrigan’s motion for summary judgment. Costs 

to Judge Corrigan. Costs ordered waived. 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. 

5 8(B). 

{¶6} Writ denied. 

__________________________________________ 

COLLEEN CONWAY COONEY, JUDGE 

PATRICIA ANN BLACKMON, A.J., and 

KATHLEEN ANN KEOUGH, J., CONCUR