On Thursday, March 13, 2025, Isaiah S. Harris Sr. filed a complaint for writ of procedendo in the Supreme Court of Ohio against Ninth District Court Magistrate Judge Michael C. Walsh. The complaint is rooted in claims of undue delay concerning a writ of mandamus submitted to Walsh by Harris in May 2024.
Harris, currently incarcerated at Richland Correctional Institution, alleges that Walsh has not issued a ruling on the motion intended to compel Judge Christopher R. Rothgery of the Lorain County Court of Common Pleas to vacate prior sentencing entries from 2009. The entries in question pertain to Harris’s convictions, which Harris contends were rendered void due to legal errors.
According to the complaint, Harris initially submitted the writ of mandamus on May 13, 2024, seeking a ruling that would require Rothgery to resentence him according to current legal standards. Following the submission, he states that an opposing response was filed in June 2024, to which Harris replied on June 24, 2024. Since that time, Harris asserts that he has experienced a delay of over nine months without any decision from Walsh.
Legal precedents cited in the complaint indicate that a writ of procedendo is appropriate when a court either refuses to render judgment or unnecessarily delays proceeding to judgment. Harris references cases such as State ex rel. Dehler v. Sutula and State ex rel. Sherrills v. Cuyahoga County Court of Common Pleas to substantiate his claim. He argues that the delay in this instance is significant enough to warrant intervention from the Supreme Court.
In his filing, Harris outlines the three essential criteria necessary for the issuance of a writ of procedendo: a clear legal right to require the court to act, a corresponding duty of the court to perform that action, and a lack of adequate remedy in the ordinary course of law. Harris asserts that he meets all these criteria, emphasizing the necessity for Walsh to render a ruling on his pending motion.
The complaint explicitly requests that the Supreme Court direct Walsh to take action within five business days regarding the pending writ of mandamus. If this initial request is not granted, Harris has requested an alternative writ to ensure that the matter is addressed.
Walsh serves as a magistrate in the Ninth District Court, located in Akron, Ohio. His role involves ruling on various legal motions and providing recommendations in cases brought before the court. Walsh’s responsibilities are significant, as timely decisions by magistrates are crucial for the effective functioning of the judicial system.
A copy of the original filing can be found here.
