State ex Rel. Norman v. Calabrese

Full title: State of Ohio, ex rel. Jujuan Norman, Relator v. Anthony Calabrese, jr.…

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Nov 26, 2003

2003 Ohio 6326 (Ohio Ct. App. 2003)

Opinion

No. 83202.

November 26, 2003.

ORIGINAL ACTION WRIT OF MANDAMUS.

Writ Denied.

Motion No. 352683, Order No. 354322.

Jujuan Norman, Pro Se, Inmate No. 421791, Mansfield Correctional Institution, P.O. Box 788, Mansfield, Ohio 44901, for Relator.

William D. Mason, Esq., Cuyahoga County Prosecutor, BY: KRISTEN LUSNIA, ESQ., Assistant County Prosecutor, Justice Center — 9^th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, for Respondent.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Relator requests that this court compel respondent judge to issue findings of fact and conclusions of law with respect to the petition for postconviction relief filed by relator in State v. Norman, Cuyahoga County Court of Common Pleas Case No. CR-411588 on September 23, 2002. Respondent is no longer a judge of the court of common pleas.

{¶ 2} Respondent has filed a motion for summary judgment attached to which is a copy of the findings of fact and conclusions of law issued by respondent's successor and received for filing by the clerk on September 4, 2003. Relator has not opposed the motion. Respondent argues that the duty of the court of common pleas has been discharged and that relief in mandamus is not appropriate. We agree.

{¶ 3} Accordingly, respondent's motion for summary judgment is granted. Relator to pay 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).

Writ denied.

MICHAEL J. CORRIGAN, P.J., CONCURS and JAMES J. SWEENEY, J., CONCURS.