Opinion
No. 102324
01-27-2015
STATE OF OHIO, EX REL. JOSE PAGAN RELATOR v. CUYAHOGA COUNTY COURT JUDGE SHIRLEY S. SAFFOLD RESPONDENT
RELATOR Jose Pagan, pro se #604-307, Grafton Correctional Institution 2500 S. Avon Belden Road Grafton, Ohio 44044 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Procedendo
Motion No. 481271
Order No. 481885
RELATOR
Jose Pagan, pro se
#604-307, Grafton Correctional Institution
2500 S. Avon Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN A. GALLAGHER, P.J.:
{¶1} On December 10, 2014, the relator, Jose Pagan, commenced this procedendo action against the respondent, Cuyahoga County Common Pleas Court Judge Shirley Strickland Saffold, to compel the court to rule on his motion to vacate void sentence that he filed in the underlying case, State v. Pagan, Cuyahoga C.P. No. CR-11-546295-A on May 12, 2014. On December 19, 2014, the respondent moved for summary judgment on the grounds of mootness. A review of the docket in the underlying case shows that the court issued a journal entry on December 17, 2014, denying the subject motion. This journal entry establishes that Pagan has received his requested relief, a ruling on his motion, and that the court has proceeded to judgment on the matter. Pagan never filed a response to the summary judgment motion. Thus, this procedendo action is moot.
{¶2} Accordingly, the court grants the respondent's motion for summary judgment and denies the writ. Costs assessed against respondent; costs waived. 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).
{¶3} Writ denied. EILEEN A. GALLAGHER, PRESIDING JUDGE PATRICIA ANN BLACKMON, J., and
MELODY J. STEWART, J., CONCUR