Opinion
113694
04-24-2024
STATE EX REL., RONALD E. HENDERSON, Relator, v. JUDGE KELLY ANN GALLAGHER, Respondent.
Ronald E. Henderson, pro se. Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Regina A. Russo, Assistant Prosecuting Attorney, for respondent.
Writ of Procedendo Motion No. 572914 Order No. 573451
Ronald E. Henderson, pro se.
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Regina A. Russo, Assistant Prosecuting Attorney, for respondent.
JOURNAL ENTRY AND OPINION
EMANUELLA D. GROVES, JUDGE
{¶ 1} On March 4, 2024, the relator, Ronald Henderson, commenced this procedendo action against the respondent, Judge Kelly Ann Gallagher, to compel the judge to rule on Henderson's November 6, 2023, motion to vacate the denial of his motion for default judgment, which he filed in the underlying case, Henderson v. Jacobs, Cuyahoga C.P. No. CV-23-973448. On March 14, 2024, the respondent moved to dismiss on the grounds of mootness. Attached to the dispositive motion was a copy of certified journal entry, file stamped March 7, 2024, in the underlying case, denying the subject motion. This journal entry establishes that Henderson has received his requested relief, a ruling on his motion, and that this procedendo action is moot. Henderson never filed a response to the motion to dismiss. Instead, on March 27, 2024, Henderson appealed the denial of his motion to vacate. Henderson v. Jacobs, 8th Dist. Cuyahoga No. 113769.
{¶ 2} Accordingly, the court grants the respondent's motion to dismiss and dismisses the writ. Each side to bear its own costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶ 3} Writ dismissed.
LISA B. FORBES, P.J., and MICHAEL JOHN RYAN, J., CONCUR