Opinion
No. 101189
05-09-2014
STATE OF OHIO, EX REL. RICHARD SMITH RELATOR v. CUYAHOGA COUNTY COMMON PLEAS JUDGE DEENA R. CALABRESE RESPONDENT
FOR RELATOR Richard Smith, 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 Mandamus
Motion No. 474270
Order No. 474517
FOR RELATOR
Richard Smith, pro se
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
EILEEN T. GALLAGHER, J.:
{¶1} Richard Smith has filed a complaint for a writ of mandamus. Smith seeks an order from this court that requires Judge Deena Calabrese to render a ruling with regard to a "motion to correct illegal sentence" filed in State v. Smith, Cuyahoga C.P. No. CR-05-469680-A. For the following reasons, we decline to issue a writ of mandamus on behalf of Smith.
{¶2} Smith's request for a writ of mandamus is moot. Attached to Judge Calabrese's motion for summary judgment is a copy of a journal entry, journalized on April 8, 2014, which demonstrates that a ruling has been rendered with regard to the "motion to correct illegal sentence." Thus, Smith is not entitled to a writ of mandamus. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, we grant Judge Calabrese's motion for summary judgment. Costs to Judge Calabrese. Costs waived. The court directs the clerk of court to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied. EILEEN T. GALLAGHER, JUDGE MARY J. BOYLE, A.J., and
PATRICIA ANN BLACKMON, J., CONCUR
#101189 - State Ex. Rel., Richard Smith v. Cuyahoga County Common Pleas Judge
Deena R. Calabrese