Opinion
No. 104679
11-08-2016
STATE EX REL., RICARDO GRAY RELATOR v. JUDGE NANCY R. MCDONNELL RESPONDENT
FOR RELATOR Ricardo Gray Inmate No. 368431 Lebanon Correctional Institution P.O. Box 56 Lebanon, Ohio 45036 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Procedendo
Motion No. 499145
Order No. 501174
FOR RELATOR
Ricardo Gray
Inmate No. 368431
Lebanon Correctional Institution
P.O. Box 56
Lebanon, Ohio 45036
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.:
{¶1} Ricardo Gray has filed a complaint for a writ of procedendo. Gray seeks an order from this court that requires respondent to render a ruling with regard to his petition to vacate conviction under R.C. 2953.21, filed on February 10, 2016, in State v. Gray, Cuyahoga C.P. No. CR-98-369837. Respondent filed a motion for summary judgment, which Gray has not opposed The motion is granted for the reasons that follow.
{¶2} Judge McDonnell's motion for summary judgment includes a copy of a judgment, journalized on August 9, 2016, which demonstrates that a ruling has been issued with regard to the motion. Thus, Gray's request for a writ of procedendo is moot. State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220; State ex rel. Reynolds v. Basinger, 99 Ohio St.3d 303, 2003-Ohio-3631, 791 N.E.2d 459. Gray has not opposed the motion or otherwise disputed the mootness of his action.
{¶3} Accordingly, we grant Judge McDonnell's motion for summary judgment. Costs to respondent. Costs waived._
{¶4} The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).
{¶5} Writ denied. FRANK D. CELEBREZZE, JR., JUDGE EILEEN T. GALLAGHER, P.J., and
MARY J. BOYLE, J., CONCUR