BARB v. SAFFOLD

Full title: State of Ohio, ex rel., Danny Barb, Relator v. Judge Shirley Strickland…

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Oct 14, 2009

2009 Ohio 5500 (Ohio Ct. App. 2009)

Opinion

No. 93851.

RELEASE DATE: October 14, 2009.

WRIT OF MANDAMUS, MOTION NO. 426796, ORDER NO. 426975.

WRIT DENIED.

Danny Barb, pro se, Inmate No. 540-877, for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: James E. Moss, Assistant County Prosecutor, Attorneys for Respondent.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶ 1} Danny Barb has filed a complaint for a writ of mandamus. Barb seeks an order from this court, which requires Judge Shirley Strickland Saffold to issue findings of fact and conclusions of law with regard to a petition for postconviction relief that was filed, on July 2, 2008, in State v. Barb, Cuyahoga County Court of Common Pleas Case No. CR-500671.

{¶ 2} Judge Saffold has filed a motion for summary judgment, that contains a copy of the findings of fact and conclusions of law as rendered with regard to Barb's petition for postconviction relief. Barb's request for a writ of mandamus is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Snider v. Stapleton (1992), 65 Ohio St.3d 40, 600 N.E.2d 240; State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76, 591 N.E.2d 1240; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163.

{¶ 3} Accordingly, we grant Judge Saffold's motion for summary judgment. Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ. R. 58(B).

Writ denied.

Ann Dyke, J., and Larry A. Jones, J., concur