Opinion
No. 96188.
RELEASED DATE: March 8, 2011.
Writ of Mandamus Motion No. 441862, Order No. 442411.
Writ Denied.
Desmond Holmes, Inmate No. 551-875, Lake Erie Correctional Institution, for Relator.
William D. Mason, Cuyahoga County Prosecutor, By: James E. Moss Assistant County Prosecutor, Attorneys For Respondent.
JOURNAL ENTRY AND OPINION
{¶ 1} On December 20, 2010, the relator, Desmond Holmes, commenced this mandamus action to compel the respondent judge to issue findings of fact and conclusions of law for a postconviction relief petition, which Holmes filed on March 23, 2009 in his underlying case, State v. Holmes, Cuyahoga County Common Pleas Court Case No. CR-502442. On February 11, 2011, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion is a copy of the February 4, 2011 journal entry containing the findings of fact and conclusions of law for the petition. Accordingly, this court grants the respondent's motion for summary judgment.
{¶ 2} The judge's findings of fact and conclusions of law deny the postconviction petition. Thus, the journal entry establishes that the judge has fulfilled his duty to issue the findings of fact and conclusions of law and that Holmes has received his requested relief.
{¶ 3} Accordingly, the motion for summary judgment is granted, and Holmes's application for a writ of mandamus is denied. Parties to bear their own 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).
MARY J. BOYLE, P.J., and LARRY A. JONES, J., CONCUR.