State ex rel. Avery v. Union Cty. Court of Common Pleas
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Avery v. Union Cty. Court of Common Pleas, Slip Opinion No. 2010-Ohio-1427.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2010-OHIO-1427 THE STATE EX REL. AVERY, APPELLANT, v. UNION COUNTY COURT OF COMMON PLEAS, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Avery v. Union Cty. Court of Common Pleas, Slip Opinion No. 2010-Ohio-1427.] Appeal from dismissal of complaint for writ of mandamus Mandamus not available to control judicial discretion Judgment affirmed. (No. 2009-2346 Submitted March 31, 2010 Decided April 7, 2010.) APPEAL from the Court of Appeals for Union County, No. 14-09-35. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Edward B. Avery Sr., for a writ of mandamus to compel appellee, Union County Court of Common Pleas, to grant his pending motion by causing his sentencing entry to speak the truth. [M]andamus will not lie to control judicial discretion, even if that discretion is abused. State ex rel. Dreamer v. Mason, 115 Ohio St.3d 190, 2007-Ohio-4789, 874 N.E.2d 510, ¶ 12. SUPREME COURT OF OHIO Therefore, mandamus will not issue to compel the common pleas court to enter a specific judgment on Avery s pending motion. State ex rel. Rashada v. Pianka, 112 Ohio St.3d 44, 2006-Ohio-6366, 857 N.E.2d 1220, ¶ 3. Judgment affirmed. MOYER, C.J.,1 and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Edward B. Avery Sr., pro se. ______________________ 1. The late Chief Justice Thomas J. Moyer participated in the deliberations in, and the final resolution of, this case prior to his death. 2
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