On Monday, January 12, 2026, Albert Townsend, an inmate at Grafton Correctional Institution, initiated legal action by filing a complaint in the Supreme Court of Ohio, seeking a writ of procedendo against Judge Carl J. Mazzone and the Cuyahoga County Court of Common Pleas.
Townsend, acting as his own legal representative, alleges undue delay in the court’s handling of his Motion to Vacate or Set Aside Sentence, initially filed on April 18, 2024, in Cuyahoga County Court of Common Pleas Case No. CR-17-614508-A.
Townsend’s complaint asserts that Judge Mazzone, the presiding judge over his case, and the Cuyahoga County Court of Common Pleas have failed to proceed to judgment on his motion within the timeframe stipulated by Ohio Supreme Court Rule 40(A)(3), which mandates that all motions should be ruled upon within 120 days of filing.
The legal basis for Townsend’s action rests on the principle that a writ of procedendo is an order from a superior court compelling a lower court to proceed to judgment. He argues that the extended delay in his case warrants the intervention of the Supreme Court to ensure a timely resolution.
The filing outlines the history of Townsend’s case, noting that he was indicted on February 22, 2017, and subsequently convicted on some charges after a jury trial that concluded on April 18, 2018. He is currently serving his sentence at Grafton Correctional Institution. Judge Daniel Gaul initially presided over the case but has since retired, with Judge Mazzone now assigned.
Townsend’s complaint includes several affidavits in support of his petition, including an affidavit of verity, an affidavit of prior civil actions, an affidavit of document authentication, an affidavit of indigency, and an affidavit pursuant to R.C. 2969.25(C). These affidavits aim to verify the accuracy of the information presented and establish Townsend’s financial status for the purpose of waiving filing fees.
The attached appendices include a copy of a relevant page from the case docket, which reflects the filing date of the Motion to Vacate or Set Aside Sentence. This evidence is intended to substantiate Townsend’s claim that the motion has been pending for an extended period without a ruling.
Townsend is asking the Supreme Court to issue a writ of procedendo, compelling Judge Mazzone and the Cuyahoga County Court of Common Pleas to proceed to judgment on his motion to vacate. He argues he has a clear legal right to a judgment within 120 days of filing his motion, and the respondents have a corresponding duty to act within that timeframe.
A copy of the original filing can be found here.
