AVEEY v. UNION COUNTY COURT OF COMMON PLEAS, 125 Ohio St.3d 35 (2010)

2010-Ohio-1427, 925 N.E.2d 969

THE STATE EX REL. AVEEY, APPELLANT, v. UNION COUNTY COURT OF COMMON PLEAS, APPELLEE.

No. 2009-2346.Supreme Court of Ohio.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. Therefore, mandamus will not issue to compel the common pleas court to enter a specific

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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.

[1] The late Chief Justice Thomas J. Moyer participated in the deliberations in, and the final resolution of, this case prior to his death.

Edward B. Avery Sr., pro se.