Opinion
No. 104827
09-30-2016
STATE OF OHIO, EX REL. TIM FORTSON RELATOR v. JUDGE JOSEPH D. RUSSO RESPONDENT
FOR RELATOR Tim Fortson, pro se Inmate No. 332-587 Lake Erie Correctional Institution P.O. Box 8000 Conneaut, Ohio 44030 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: COMPLAINT DISMISSED Writ of Mandamus
Motion No. 499821
Order No. 500137
FOR RELATOR
Tim Fortson, pro se
Inmate No. 332-587
Lake Erie Correctional Institution
P.O. Box 8000
Conneaut, Ohio 44030
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 PATRICIA ANN BLACKMON, J.:
{¶1} Tim Fortson has filed a complaint for a writ of mandamus. Fortson seeks an order from this court that requires Judge Joseph D. Russo to render a ruling with regard to a motion to vacate or set aside judgment of conviction or sentence filed in State v. Fortson, Cuyahoga C.P. No. CR-96-341112. We sua sponte dismiss Fortson's complaint for a writ of mandamus.
{¶2} A review of the docket in CR-96-341112 clearly demonstrates that Fortson's motion to vacate or set aside judgment of conviction or sentence was denied on August 17, 2016. "[R]elief is unwarranted because mandamus and procedendo 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. Herein, the request for relief is moot.
{¶3} Accordingly, we sua sponte dismiss Fortson's complaint for a writ of mandamus. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).
{¶4} Complaint dismissed. /s/_________
PATRICIA ANN BLACKMON, JUDGE MARY EILEEN KILBANE, P.J., and
ANITA LASTER MAYS, J., CONCUR
Pursuant to Civ.R. 25(D)(1), Judge Joseph D. Russo is substituted for the judge that was originally assigned to the underlying case