Opinion
No. 105542
05-10-2017
STATE OF OHIO, EX REL. DWAYNE DAVIS RELATOR v. JUDGE KATHLEEN ANN SUTULA RESPONDENT
FOR RELATOR Dwayne Davis, pro se Inmate No. 644-653 Lake Erie Correctional Institution 501 Thompson Road Conneaut, Ohio 44030 ATTORNEYS FOR RESPONDENT Michael C. O'Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus
Motion No. 505967
Order No. 506595 FOR RELATOR Dwayne Davis, pro se
Inmate No. 644-653
Lake Erie Correctional Institution
501 Thompson Road
Conneaut, Ohio 44030
ATTORNEYS FOR RESPONDENT
Michael C. O'Malley
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113 EILEEN T. GALLAGHER, P.J.:
{¶1} Dwayne Davis has filed a complaint for a writ of mandamus through which he seeks an order that requires Judge Kathleen Ann Sutula to grant summary judgment, with regard to a petition for postconviction relief, filed in State v. Davis, Cuyahoga C.P. No. CR-13-574008. Judge Sutula has filed a motion for summary judgment that is granted for the following reasons.
{¶2} Attached to Judge Sutula's motion for summary judgment is a copy of a judgment entry, journalized on March 9, 2017, in CR-13-574008, which demonstrates that Judge Sutula has rendered a ruling with regard to Davis's motion for summary judgment. Thus, Davis'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 Sutula to grant Davis's motion for summary judgment. Thompson v. State, 8th Dist. Cuyahoga No. 99265, 2013-Ohio-1907.
{¶3} Accordingly, we grant Judge Sutula's motion for summary judgment. Costs to Davis. 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/_________
EILEEN T. GALLAGHER, PRESIDING JUDGE SEAN C. GALLAGHER, J., and
PATRICIA ANN BLACKMON, J., CONCUR