Opinion
No. 93044.
RELEASE DATE: May 19, 2009.
WRIT OF PROHIBITION, MOTION NO. 420885, ORDER NO. 422039.
WRIT DISMISSED.
Brendan Delay, Attorney for Relator.
William D. Mason, Cuyahoga County Prosecutor, By: James Moss, Assistant County Prosecutor, Attorneys for Respondent.
JOURNAL ENTRY AND OPINION
{¶ 1} On March 26, 2009, relator, Rhiannon Puffenbarger, commenced this action in prohibition against Judge Nancy Margaret Russo and Cuyahoga County to compel her to reinstate Puffenbarger's bond in the matter of State v. Puffenbarger, Cuyahoga County Court of Common Pleas, Case No. CR-521198-A. Judge Russo, through the Cuyahoga County Prosecutor's Office, filed a motion for summary judgment on April 14, 2009, to which Puffenbarger did not respond. For the following reason, we sua sponte dismiss the petition.
{¶ 2} A review of the lower court docket indicates that Puffenbarger pled guilty to drug possession and the lower court reinstated Puffenbarger's bond on May 1, 2009. Thus, Puffenbarger's request for a writ of prohibition is moot.
{¶ 3} Accordingly, we deny Judge Russo's motion for summary judgment but sua sponte dismiss the petition. Costs to relator. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ. R. 58(B).
Writ dismissed.
KENNETH A. ROCCO, J., and MARY J BOYLE, J., CONCUR.