Opinion
No. 106318
11-17-2017
STATE OF OHIO, EX REL. RONALD BECKWITH RELATOR v. COMMON PLEAS COURT JUDGE NANCY MARGARET RUSSO RESPONDENT
FOR RELATOR Ronald Beckwith, pro se Inmate No. A663562 Richland Correctional Institution P.O. Box 8107 Mansfield, Ohio 44901 ATTORNEYS FOR RESPONDENT Michael C. O'Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus
Motion No. 511316
Order No. 511726
FOR RELATOR
Ronald Beckwith, pro se
Inmate No. A663562
Richland Correctional Institution
P.O. Box 8107
Mansfield, Ohio 44901
ATTORNEYS FOR RESPONDENT
Michael C. O'Malley
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.:
{¶1} Ronald Beckwith has filed a complaint for a writ of mandamus through which he seeks an order that requires Judge Nancy Margaret Russo to render a judgment and issue findings of fact and conclusions of law with regard to a petition for postconviction relief, filed in State v. Beckwith, Cuyahoga C.P. No. CR-14-585247. Judge Russo has filed a motion for summary judgment that is granted.
{¶2} Attached to Judge Russo's motion for summary judgment is a copy of a judgment entry, journalized on October 10, 2017, which demonstrates that Judge Russo has rendered a ruling with regard to Beckwith's petition for postconviction relief. Thus, Beckwith's request for a writ of mandamus is moot. "[R]elief is unwarranted because mandamus * * * will not compel the performance of a duty that has already been performed." State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49, ¶ 4. In addition, mandamus may not be employed to control judicial discretion and compel Judge Russo to grant Beckwith's petition for postconviction relief. Thompson v. State, 8th Dist. Cuyahoga No. 99265, 2013-Ohio-1907.
{¶3} Accordingly, we grant Judge Russo's motion for summary judgment. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of its entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied. /s/_________
FRANK D. CELEBREZZE, JR., JUDGE ANITA LASTER MAYS, P.J., and
EILEEN A. GALLAGHER, J., CONCUR