Opinion
No. 95603.
RELEASE DATE: December 3, 2010.
Writ of Mandamus, Motion No. 438738, Order No. 439428.
WRIT DENIED.
Sherron Alexander, pro se, Inmate No. 474-351, for Relator.
William D. Mason, Cuyahoga County Prosecutor, By: James E. Moss, Assistant County Prosecutor, Attorneys for Respondent.
JOURNAL ENTRY AND OPINION
{¶ 1} Sherron Alexander has filed a complaint for a writ of mandamus to require Judge Joan Synenberg to render a ruling on his motion for correction of sentencing error filed in State v. Alexander, Cuyahoga County Court of Common Pleas Case No. CR-445329. Judge Synenberg has filed a motion for summary judgment.
Pursuant to Civ. R. 25(D)(1), Judge Joan Synenberg is substituted for the judge that was originally assigned to the underlying case.
{¶ 2} Attached to the motion for summary judgment is a copy of a journal entry, journalized on October 22, 2010, which demonstrates that a ruling has been rendered with regard to Alexander's motion for correction of sentencing error. Alexander's request for a writ of mandamus is moot. State ex rel. Fontanella v. Kantos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220.
{¶ 3} Accordingly, we grant Judge Synenberg's motion for summary judgment. Costs to Alexander. 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.
CHRISTINE T. MCMONAGLE, P.J., and PATRICIA A. BLACKMON, J., CONCUR.