State ex Rel. Walker v. McCormick

Full title: State of Ohio, ex rel., Charles A. Walker, Relator, v. Judge Timothy…

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

Date published: Jun 22, 2004

2004 Ohio 3286 (Ohio Ct. App. 2004)

Opinion

Case No. 84507.

DATE OF JOURNALIZATION: June 22, 2004.

Writ of Procedendo.

Writ Denied, Order No. 361092, Motion No. 360598 and 359759.

Charles Walker, Pro se, Inmate No. A386-311, Lake Erie Correctional Inst., P.O. Box 8000, Conneaut, Ohio 44030-8000, for Relator.

William D. Mason, Esq., Cuyahoga County Prosecutor, Matthew E. Meyer, Assistant County Prosecutor, Justice Center — 9^th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, for Respondent.

ORIGINAL ACTION JOURNAL ENTRY AND OPINION

JUDGE SEAN GALLAGHER:

{¶ 1} On April 16, 2004, relator Charles A. Walker commenced this procedendo action against Judge Timothy McCormick to compel him to rule on his petition for post-conviction relief in State v. Walker, Cuyahoga County Court of Common Pleas Case No. CR-383771, which was filed on April 13, 2003. On June 1, 2004, Judge McCormick, through the Cuyahoga County Prosecutor's Office, filed a consolidated answer and a motion for summary judgment.

{¶ 2} Attached to the motion for summary judgment is a copy of a journal entry which indicates that on May 26, 2004, Judge McCormick denied Walker's petition for post-conviction relief thereby rendering the petition for a writ of procedendo moot. State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723.

{¶ 3} Accordingly, we grant the respondent's motion for summary judgment. Respondent to bear costs. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B).

Writ denied.

McMonagle, P.J., concurs Calabrese, Jr., J., concurs