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State ex Rel. Brooks v. Suster

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Jan 23, 2002
No. 80363 (Ohio Ct. App. Jan. 23, 2002)

Opinion

No. 80363.

January 23, 2002.

PETITION FOR WRIT OF PROCEDENDO/MANDAMUS, MOTION NO. 33211.

For Relator: Dwayne Brooks, Pro Se, #A2 08-008, Lake Erie Correctional Institution, 501 Thompson Road, P.O. Box 8000, Conneaut, Ohio 44030-8000.

For Respondent: William D. Mason, Esq., Cuyahoga County Prosecutor, BY: Diane Smilanick, Esq., Assistant County Prosecutor, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113.


JOURNAL ENTRY AND OPINION


Relator requests that this court compel respondent judge to issue findings of fact and conclusions of law with respect to the petition for postconviction relief filed by relator in State v. Brooks, Cuyahoga County Court of Common Pleas Case No. CR-230828 on April 1, 1999.

Respondent has filed a motion for summary judgment and a supplement to the motion for summary judgment. Attached to the supplement is a copy of the findings of fact and conclusions of law issued by respondent and received for filing by the clerk on December 12, 2001. Relator responded to the motion for summary judgment but has not responded to the supplement. Respondent argues that this action — in which relator requested relief in procedendo or mandamus — is, therefore, moot. We agree.

Accordingly, respondentrs motion for summary judgment is granted. Respondent to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).

Writ denied.

JAMES D. SWEENEY, P.J., and FRANK D. CELEBREZZE, JR., J., CONCUR.


Summaries of

State ex Rel. Brooks v. Suster

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Jan 23, 2002
No. 80363 (Ohio Ct. App. Jan. 23, 2002)
Case details for

State ex Rel. Brooks v. Suster

Case Details

Full title:STATE OF OHIO, EX REL. DWAYNE BROOKS, Relator, v. JUDGE RONALD SUSTER…

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Jan 23, 2002

Citations

No. 80363 (Ohio Ct. App. Jan. 23, 2002)