Opinion
No. 102609
05-20-2015
STATE OF OHIO, EX REL. SAHAAD BANKS RELATOR v. STEVEN E. GALL, JUDGE RESPONDENT
FOR RELATOR Sahaad Banks, pro se Inmate #623103 Richland Correctional Institution P.O. Box 8107 Mansfield, Ohio 44901 ATTORNEYS FOR RESPONDENT Timothy J. McGinty 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. 483315
Order No. 485402
FOR RELATOR
Sahaad Banks, pro se
Inmate #623103
Richland Correctional Institution
P.O. Box 8107
Mansfield, Ohio 44901
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
LARRY A. JONES, SR., P.J.:
{¶1} Relator, Sahaad Banks, commenced this mandamus action against the respondent, Judge Steven E. Gall, seeking to compel respondent to vacate certain orders that were issued and to cease the collection process in the underlying case, State v. Banks, Cuyahoga C.P. No. CR-06-486970-A. On March 3, 2015, respondent moved for summary judgment on the grounds of mootness. Respondent's motion attached a certified copy of a February 24, 2015 journal entry that granted Banks's motion to terminate the collection of court costs and fines in part, ordered that Banks be reimbursed court costs and fees he paid in the case, and vacated the journal entries issued on June 16, 2014, and August 6, 2014. The court denied Banks's motion regarding the termination of the collection of fines because the court did not impose fines in the case. Banks has not opposed the respondent's motion for summary judgment and has not disputed that he has received the requested relief. This action is moot. State ex rel. Culgan v. Kimbler, 132 Ohio St.3d 480, 2012-Ohio-3310, 974 N.E.2d 88 (a writ of mandamus will not issue to compel an act already performed).
{¶2} Accordingly, this court grants the respondent's motion for summary judgment and denies the application for a writ of mandamus. Respondent to pay costs; costs waived. This court directs the clerk of courts to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶3} Writ denied. /s/_________
LARRY A. JONES, SR., PRESIDING JUDGE
EILEEN T. GALLAGHER, J., and
MARY J. BOYLE, J., CONCUR