[Cite as State ex rel. Jackson v. Villanueva, 2013-Ohio-4196.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 99909 

STATE OF OHIO, EX REL., 

CLIFFORD D. JACKSON III

RELATOR

vs. 

JUDGE JOSE A. VILLANUEVA

RESPONDENT 

JUDGMENT: 

WRIT DENIED 

Writ of Mandamus 

Motion No. 466046 

Order No. 468013 

 RELEASE DATE: September 25, 2013 
FOR RELATOR 

Clifford D. Jackson, III, pro se 

Inmate No. 642548 

Mansfield Correctional Institution 

P.O. Box 788 

Mansfield, Ohio 44901 

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty 

Cuyahoga County Prosecutor 

By: James E. Moss 

Assistant County Prosecutor 

Justice Center - 9th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 
KENNETH A. ROCCO, J.: 

{¶1} Clifford D. Jackson III has filed a complaint for a writ of mandamus. 

Jackson seeks an order from this court, which requires Judge Jose A. Villanueva to render 

a “final appealable order” with regard to his motion for lack of speedy trial and other 

unspecified pretrial motions filed in State v. Jackson III, Cuyahoga C.P. No. CR-551409. 

Specifically, Jackson seeks to appeal the interlocutory orders rendered by Judge 

Villanueva in the underlying criminal action. For the following reasons, we decline to 

issue a writ of mandamus on behalf of Jackson and grant Judge Villanueva’s motion for 

summary judgment. 

{¶2} Initially, we find that Jackson has failed to comply with Loc.App.R. 

45(B)(1)(a), which mandates that a complaint for a writ of mandamus must be supported 

by a sworn affidavit that specifies the details of his claim for relief. 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. Santos v. McDonnell, 8th Dist. Cuyahoga No. 90659, 

2008-Ohio-214; Turner v. Russo, 8th Dist. Cuyahoga No. 87852, 2006-Ohio-4490; Barry 

v. Galvin, 8th Dist. Cuyahoga No. 85990, 2005-Ohio-2324. 

{¶3} In addition, Jackson has failed to comply with R.C. 2969.25(A), which 

provides that an inmate who commences a civil action against a governmental entity or 

governmental employee must file an affidavit that contains a description of each civil 

action or appeal of a civil action that the inmate has filed in the previous five years in any 
state or federal court. Jackson has not attached an affidavit, mandated by R.C. 

2969.25(A), to his complaint for a writ of mandamus. The failure of Jackson to comply 

with R.C. 2969.25(A) warrants dismissal of his complaint for a writ of mandamus. 

Clarke v. McFaul, 8th Dist. Cuyahoga No. 89447, 2007-Ohio-2520; Turner v. Russo, 8th 

Dist. Cuyahoga No. 87852, 2006-Ohio-4490. 

{¶4} Jackson has also failed to comply with R.C. 2969.25(C), which requires that 

an inmate, who files a complaint against a government entity or government employee, 

must support the complaint with a statement that: 1) sets forth the balance in the inmate’s 

account for the preceding six months, as certified by the institutional cashier; and 2) a 

statement that sets forth all other cash and items of value owned by the inmate. The 

failure of Jackson to comply with R.C. 2969.25(C) warrants dismissal of his complaint 

for a writ of mandamus. Martin v. Woods, 121 Ohio St.3d 609, 2009-Ohio-1928, 906 

N.E.2d 1113; State ex rel. Marshall v. Cuyahoga Cty. Court of Common Pleas, 8th Dist. 

Cuyahoga No. 99114, 2013-Ohio-705; Gaston v. Reid, 8th Dist. Cuyahoga No. 98192, 

2012-Ohio-2937. 

{¶5} Finally, a review of the docket in Jackson III, supra, clearly demonstrates that 

Jackson, on July 18, 2013, filed an appeal from the conviction and sentence imposed by 

the trial court. The appeal, filed by Jackson, constitutes an adequate remedy at law 

through which it is possible to address any claimed errors of law associated with either 

the denial of his motion for speedy trial or other unspecified pretrial motions. State ex 

rel. Hughley v. McMonagle, 121 Ohio St.3d 536, 2009-Ohio-1703, 905 N.E.2d 1220. 
{¶6} Accordingly, we grant Judge Villanueva’s motion for summary judgment. 

Costs to Jackson. The court directs the clerk of court to serve all parties with notice of 

this judgment and the date of entry upon the journal as required by Civ.R. 58(B). 

{¶7} Writ denied. 

_________________________________________ 

KENNETH A. ROCCO, JUDGE 

MARY J. BOYLE, P.J., and 

FRANK D. CELEBREZZE, JR., J., CONCUR