Opinion
No. 101031
05-13-2014
STATE OF OHIO EX REL., CORNELIUS MOORER RELATOR v. MICHAEL P. DONNELLY, JUDGE RESPONDENT
FOR RELATOR Cornelius Moorer, pro se ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor
JOURNAL ENTRY AND OPINION
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 473412
Order No. 474025
FOR RELATOR
Cornelius Moorer, pro se
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
MELODY J. STEWART, J.:
{¶1} Cornelius Moorer has filed a complaint for a writ of procedendo. Moorer seeks a writ that requires Judge Michael P. Donnelly to render a ruling with regard to a motion to "correct the journal entry filed on March 19, 2008, to properly reflect the sentence imposed in open court on March 17, 2008" that was journalized in State v. Moorer, Cuyahoga C.P. No. CR-07-497196-A. We decline to issue a writ of procedendo on behalf of Moorer.
{¶2} Attached to Judge Donnelly's motion for summary judgment is a copy of a judgment entry, journalized on March 21, 2014, which demonstrates that a ruling has been issued with regard to Moorer's motion to correct the original sentencing journal entry. Moorer's request for a writ of procedendo is moot. State ex rel. Fontanella v. Kantos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220; State ex rel. Reynolds v. Basinger, 99 Ohio St.3d 303, 2003-Ohio-3631, 791 N.E.2d 459. In addition, a writ of procedendo will not issue to compel the performance of a duty that has already been performed. State ex rel. Rose v. McGinty, 123 Ohio St.3d 86, 2009-Ohio-4050, 914 N.E.2d 366; State ex rel. Sevayega v. McMonagle, 122 Ohio St.3d 54, 2009-Ohio-2367, 907 N.E.2d 1180.
{¶3} Accordingly, we grant Judge Donnelly's motion for summary judgment. Costs to Moorer. The court directs the clerk of court to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied. __________
MELODY J. STEWART, JUDGE
EILEEN A. GALLAGHER, P.J., and
TIM McCORMACK, J., CONCUR