Opinion
No. 106332
12-19-2017
STATE OF OHIO, EX REL. WILLIAM DILLEY RELATOR v. JUDGE MICHAEL P. DONNELLY RESPONDENT
FOR RELATOR William Dilley, pro se 11720 Regent Park Drive Chardon, Ohio 44024 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: WRITS DENIED Writs of Mandamus and Procedendo
Motion No. 511581
Order No. 512617
FOR RELATOR
William Dilley, pro se
11720 Regent Park Drive
Chardon, Ohio 44024
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 EILEEN T. GALLAGHER, P.J.:
{¶1} On October 3, 2017, the relator, William Dilley, commenced this mandamus and procedendo action against the respondent, Judge Michael P. Donnelly, to compel him to rule on a motion to void judgment, that Dilley filed on January 19, 2017, in the underlying case, State v. Dilley, Cuyahoga C.P. No. CR-12-558185-A. On October 27, 2017, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of an October 25, 2017 journal entry denying the motion to void judgment in the underlying case. Dilley never filed a response. This establishes that Dilley has received his requested relief, that the judge has fulfilled his duty to resolve the motion, and that the action is moot.
{¶2} Accordingly, the court grants the respondent's motion for summary judgment and denies the application for a writ of mandamus or procedendo. Costs assessed against relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶3} Writs denied. /s/_________
EILEEN T. GALLAGHER, PRESIDING JUDGE PATRICIA ANN BLACKMON, J., and
FRANK D. CELEBREZZE, JR., J., CONCUR