Opinion
No. 96692.
RELEASE DATE: June 8, 2011.
Writ of Prohibition/Mandamus, Motion No. 444838, Order No. 444904.
WRIT DENIED.
Carl W. Evans, pro se, #583-793, Marion Correctional Institution, for Relator.
Timothy G. Dobeck, Law Director/Chief Prosecutor, City of Parma, Bruce M. Courey, Assistant Law Director, City of Parma, Attorneys for Respondents.
JOURNAL ENTRY AND OPINION
{¶ 1} Carl W. Evans, the relator, has filed a complaint for a writ of prohibition and/or mandamus. Evan seeks an order from this court that requires the Parma Municipal Court and Edward J. Fink, Magistrate, the respondents, to dismiss and/or prohibit the adjudication of the traffic offenses of driving under financial responsibility law suspension or cancellation (R.C. 4510.16), speeding (R.C. 4511.21(C)), and reckless operation (R.C. 4511.20) as charged in City of Parma v. Evans, Parma Municipal Court Case No. 10TRD01870.
{¶ 2} Sua sponte, we decline to issue an extraordinary writ on behalf of Evans. On May 19, 2011, the Parma Municipal Court and Edward J. Fink jointly filed a "notice of dismissal entry," which demonstrates that the traffic offenses, as charged in City of Parma v. Evans, supra, were dismissed on May 10, 2011. Evans's complaint for a writ of prohibition and/or mandamus is moot. State v. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163.
{¶ 3} Costs are awarded to the Parma Municipal Court and Edward J. Fink. Upon further consideration, costs are ordered waived. 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.
PATRICIA ANN BLACKMON, P.J., and KATHLEEN ANN KEOUGH, J., CONCUR