Opinion
No. 94587.
RELEASE DATE: March 10, 2010.
Writ of Mandamus and Procedendo, Motion No. 431405, Order No. 431491.
WRIT DENIED.
Dante Abrams, pro se, Inmate No. 552-364, for Relator.
William D. Mason, Cuyahoga County Prosecutor, Attorney for Respondent.
JOURNAL ENTRY AND OPINION
On January 27, 2010, relator, Dante Abrams, filed a complaint for writ of mandamus and procedendo against Judge Daniel Gaul to compel him to rule on his motion for correction of sentence, which was filed in State v. Abrams, Cuyahoga County Court of Common Pleas Case Nos. CR-505155 and CR-510954 so he may be able to appeal. On February 22, 2010, Judge Gaul, through the Cuyahoga County Prosecutor's office, filed a motion for summary judgment. For the following reason, we grant the motion for summary judgment.
Attached to the motion for summary judgment is a copy of the journal entries which indicate that on December 17, 2009, Judge Gaul issued corrected sentencing entries in both cases. Accordingly, we find that Abrams' complaint for a writ of mandamus and procedendo is moot. State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723.
A review of this court's docket indicates that Adams filed his appeal of these matters in Case No. 94637.
Accordingly, we grant Judge Gaul's motion for summary judgment. Relator to bear costs. 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 denied.
KENNETH A. ROCCO, P.J., and MARY EILEEN KILBANE, J., CONCUR.