State ex rel. Akbar-El v. Court of Common Pleas

[This decision has been published in Ohio Official Reports at 

94 Ohio St.3d 210

.]




  THE STATE EX REL. AKBAR-EL, APPELLANT, v. COURT OF COMMON PLEAS,
                           CUYAHOGA COUNTY, APPELLEE.
   [Cite as State ex rel. Akbar-El v. Cuyahoga Cty. Court of Common Pleas,
                                     

2002-Ohio-475

.]
Mandamus sought to compel Cuyahoga County Court of Common Pleas to vacate
        relator’s judgment of conviction and sentence—Dismissal of complaint by
        court of appeals for failure to comply with R.C. 2969.25(A) affirmed.
   (No. 01-1424—Submitted November 27, 2001—Decided February 6, 2002.)
       APPEAL from the Court of Appeals for Cuyahoga County, No. 79692.
                                  __________________
        Per Curiam.
        {¶ 1} In May 2001, appellant, Ali A. Akbar-El, an inmate, filed a complaint
in the Court of Appeals for Cuyahoga County for a writ of mandamus to compel
appellee, Cuyahoga County Court of Common Pleas, to vacate its judgment of
conviction and sentence. Akbar-El claimed that the judgment was void. He did
not attach the affidavit required by R.C. 2969.25(A) describing his previous civil
actions and appeals. See, e.g., Akbar-El v. Ohio Dept. of Rehab. & Corr. (1998),

126 Ohio App.3d 644

, 

711 N.E.2d 236

. The common pleas court filed a motion to
dismiss.
        {¶ 2} In June 2001, the court of appeals granted the motion and dismissed
the cause. This cause is now before the court upon an appeal as of right.
        {¶ 3} We affirm the judgment of the court of appeals. Akbar-El failed to
comply with the requirements of R.C. 2969.25 in commencing this action. State ex
rel. Sherrills v. Franklin Cty. Clerk of Courts (2001), 

92 Ohio St.3d 402

, 

750 N.E.2d 594, 596

. Moreover, habeas corpus, not mandamus, is the proper action to
                            SUPREME COURT OF OHIO




seek release from prison. State ex rel. Carter v. Ohio Adult Parole Auth. (2000),

89 Ohio St.3d 496

, 

733 N.E.2d 609

.
                                                             Judgment affirmed.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                             __________________
       Ali A. Akbar-El, pro se.
       William D. Mason, Cuyahoga County Prosecuting Attorney, and Sherry F.
McCreary, Assistant Prosecuting Attorney, for appellee.
                             __________________




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