Opinion
No. 101550
08-19-2014
DENNIS POINTER, #0169-139 RELATOR v. HONORABLE JOSEPH RUSSO, JUDGE, ETC. RESPONDENT
FOR RELATOR Dennis Pointer, pro se Inmate No. 0169-139 P.O. Box 5600 Cleveland, OH 44101 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, OH 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Procedendo
Motion No. 476772 Order No. 477190
FOR RELATOR
Dennis Pointer, pro se
Inmate No. 0169-139
P.O. Box 5600
Cleveland, OH 44101
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
Justice Center - 9th Floor
1200 Ontario Street
Cleveland, OH 44113
KENNETH A. ROCCO, P.J.:
{¶1} Dennis Pointer has filed a petition for a writ of procedendo. Pointer seeks an order from this court that requires Judge Joseph Russo to render a ruling with regard to his "motions for jury demand, speedy trial request, to proceed pro se; and memorandum contra of Plaintiff, State of Ohio, Motion for Sexual Predator Classification Hearing" that were filed on October 15, 2013, in State v. Pointer, Cuyahoga C.P. No. CR-93-294419. Respondent has filed a motion for summary judgment, which we grant, and the petition is denied for the reasons that follow.
{¶2} Pointer's request for a writ of procedendo is moot. Attached to Judge Russo's motion for summary judgment are copies of journal entries, journalized on July 15, 2014, which demonstrate that rulings have been rendered with regard to the subject motions. Thus, Pointer is not entitled to a writ of procedendo. State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220, ¶ 6 (holding that procendendo does not lie to compel performance of a duty that has already been performed).
{¶3} Pointer also filed a motion for leave to proceed without having complied with all of the procedural requirements for perfecting a claim for writ of procedendo. The motion is denied as moot, but we note that the defects in the petition provide additional grounds for dismissal.
{¶4} Accordingly, we grant Judge Russo's motion for summary judgment. Costs assessed against relator. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶5} Writ denied. /s/_________
KENNETH A. ROCCO, PRESIDING JUDGE
PATRICIA ANN BLACKMON, J., and
TIM McCORMACK, J., CONCUR