Opinion
No. 102236
01-28-2015
STATE EX REL. CARLOS M. HAVERGNE, JR. RELATOR v. JUDGE DEENA R. CALABRESE RESPONDENT
FOR RELATOR Carlos M. Havergne, Jr., pro se Inmate Number 644-883 North Coast Correctional Complex 670 Marion Williamsport Rd. E. Marion, OH 43301 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor Justice Center, 8th Floor 1200 Ontario Street Cleveland, OH 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Procedendo
Order No. 482063
Motion No. 481192
FOR RELATOR
Carlos M. Havergne, Jr., pro se
Inmate Number 644-883
North Coast Correctional Complex
670 Marion Williamsport Rd. E.
Marion, OH 43301
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
Justice Center, 8th Floor
1200 Ontario Street
Cleveland, OH 44113
MELODY J. STEWART, J.:
{¶1} On November 21, 2014, the relator, Carlos M. Havergne, Jr., commenced this procedendo action against the respondent, Judge Deena Calabrese, to compel her to rule on his motions for jail-time credit that he filed on July 3, 2014 in the underlying cases, State v. Havergne, Cuyahoga C.P. Nos. CR-12-561398-A and CR-12-567232-A. On December 17, 2014, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of a journal entry, file-stamped December 4, 2014, granting Havernge "a combined total of 419 days of jail-time credit in Case No. 561398-A and Case No. 567232-A." This journal entry establishes that the respondent judge has proceeded to judgment on the outstanding motions. Havergne never filed a response to the motion for summary judgment. This writ action is, therefore, moot. State ex rel. Corder v. Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist.1991).
{¶2} The relator also did not comply with R.C. 2969.25(C), which requires that an inmate file a certified statement from his prison cashier setting forth the balance in his private account for each of the preceding six months. This also is sufficient reason to deny the application for a writ of procedendo, deny indigency status, and assess costs against the relator. State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842; and Hazel v. Knab, 130 Ohio St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378.
{¶3} Accordingly, the court grants the respondent's motion for summary judgment and denies the writ. Relator to pay costs. This court directs the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied. /s/_________
MELODY J. STEWART, JUDGE
LARRY A. JONES, SR., P.J., and
TIM McCORMACK, J., CONCUR