Opinion
No. 102668
04-24-2015
S/O EX REL. MITCHELL JACKIEWIECZ RELATOR v. BRIAN J. CORRIGAN RESPONDENT
FOR RELATOR Mitchell Jackiewiecz Mansfield Correctional Institution P.O. Box 788 1150 N. Main St. Mansfield, OH 44901 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, OH 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus/Procedendo
Motion No. 483869
Order No. 484043
FOR RELATOR
Mitchell Jackiewiecz
Mansfield Correctional Institution
P.O. Box 788
1150 N. Main St.
Mansfield, OH 44901
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, OH 44113
TIM McCORMACK, P.J.:
{¶1} Mitchell Jackiewiecz has filed a complaint for a writ of mandamus/procedendo. Jackiewiecz seeks an order from this court that requires Judge Brian J. Corrigan to render rulings with regard to a motion to vacate pursuant to Crim.R. 43(A) and a motion to withdraw guilty plea pursuant to Crim.R. 43(A), filed in State v. Jackiewiecz, Cuyahoga C.P. No. CR-12-563222. Judge Corrigan has filed a motion for summary judgment, which we grant for the following reason.
{¶2} Attached to Judge Corrigan's motion for summary judgment are copies of two judgment entries, journalized on March 18, 2015, which demonstrate that rulings have been rendered with regard to Jackiewiecz's motion to vacate and motion to withdraw guilty plea. Thus, the complaint for a writ of mandamus/procedendo is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, we grant Judge Corrigan's motion for summary judgment. Costs to Judge Corrigan. Costs waived. 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).
{¶4} Writ denied. /s/_________
TIM McCORMACK, PRESIDING JUDGE
MARY J. BOYLE, J., and
PATRICIA ANN BLACKMON, J., CONCUR