Opinion
No. 100991
04-02-2014
S/O EX REL., CURTIS D. SOVERNS RELATOR v. JUDGE JOAN SYNENBERG RESPONDENT
FOR RELATOR Curtis D. Soverns, pro se Inmate No. 514-355 Lorain Correctional Institution ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor
JOURNAL ENTRY AND OPINION
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Order No. 473396
Motion No. 473078
FOR RELATOR
Curtis D. Soverns, pro se
Inmate No. 514-355
Lorain Correctional Institution
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
TIM McCORMACK, J.:
{¶1} Curtis D. Soverns has filed a complaint for a "writ of mandamus and/or procedendo in accordance with R.C. 2731.01." Soverns seeks an order from this court that requires Judge Joan Synenberg to render a ruling with regard to a motion to withdraw plea of guilty filed in State v. Soverns, Cuyahoga C.P. No. CR-482687. We decline to issue a writ mandamus and/or procedendo on behalf of Soverns.
Pursuant to Civ.R. 25(D)(1), Judge Joan Synenberg is substituted for Judge Eileen T. Gallagher, the judge that was originally assigned to the underlying case.
{¶2} Attached to Judge Synenberg's motion for summary judgment is a copy of a judgment, journalized on March 13, 2014, which demonstrates that a ruling has been issued with regard to the motion to withdraw plea of guilty. Judge Synenberg has discharged her duty to rule on the pending motion. Thus, Soverns's request for a writ of mandamus and/or procedendo is moot. State ex rel. Fontanella v. Kantos, 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.
{¶3} Accordingly, we grant Judge Synenberg's motion for summary judgment. Costs to Judge Synenberg. Costs waived. The court directs the clerk of court 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. ________________
TIM McCORMACK, JUDGE
SEAN C. GALLAGHER, P.J., and
MELODY J. STEWART, J., CONCUR