Opinion
No. 101241
06-16-2014
STATE OF OHIO, EX REL. JAMES VARHOLICK RELATOR v. MICHAEL P. DONNELLY, JUDGE RESPONDENT
RELATOR James Varholick, pro se No. 5730485 Marion Correctional Institution 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 Procedendo
Motion No. 475359
Order No. 475709
RELATOR
James Varholick, pro se
No. 5730485
Marion Correctional Institution
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
KATHLEEN ANN KEOUGH, J.:
{¶1} James Varholick has filed a complaint for a writ of procedendo. Varholick seeks an order from this court, that requires Judge Michael P. Donnelly to render a ruling with regard to a motion captioned "motion to return one 2002 Ford F-150 King Ranch truck forfeited in violation of O.R.C. 2933.43 & O.R.C. 4511.19 on February 23, 2007", which was filed in State v. Varholick, Cuyahoga C.P. No. CR-06-485615-A.
{¶2} Attached to Judge Donnelly's motion for summary judgment is a copy of a judgment entry, journalized on May 20, 2014, which demonstrates that a ruling has been rendered with regard to Varholick's motion to return forfeited property. Thus, the complaint for a writ of procedendo is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, we grant Judge Donnelly's motion for summary judgment. Costs to Judge Donnelly. 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. __________
KATHLEEN ANN KEOUGH, JUDGE
KENNETH A. ROCCO, P.J., and
EILEEN A. GALLAGHER, J., CONCUR