Opinion
No. 88166.
DATE OF JOURNALIZATION: August 29, 2006.
Writ of Mandamus.
Writ Denied. Motion No. 384858 Order No. 387100.
Thomas Frazier, pro se, Inmate No. A303-936, Richland Correctional Inst., P.O. Box 8107, Mansfield, Ohio 44901-8107, for Relator.
William D. Mason, Cuyahoga County Prosecutor, By: Matthew E. Meyer, Assistant County Prosecutor, Justice Center — 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, for Respondent.
ORIGINAL ACTION JOURNAL ENTRY AND OPINION
{¶ 1} Thomas Frazier has filed a complaint for a writ of mandamus. He seeks an order from this court, which requires Judge Shirley Strickland Saffold to rule on a motion captioned "in re: motion pursuant to crim. rule (52-B) plain error effecting substantial rights, not to be construed as a R.C. 2953.21 petition for post conviction relief", which was filed in State v. Frazier, Cuyahoga County Common Pleas Court Case No. CR-322046, on July 5, 2005.
{¶ 2} Judge Saffold has filed a motion for summary judgment and attached a copy of a judgment entry, journalized on May 23, 2006, which demonstrates that she has issued a ruling with regard to Frazier's pending motion. Frazier's request for a writ of mandamus is therefore moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163.
{¶ 3} Accordingly, we grant Judge Saffold's motion for summary judgment. Costs to Judge Saffold. 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.
Ann Dyke, A.J., concurs James J. Sweeney, J., concurs.