Opinion
No. 94548.
RELEASE DATE: April 14, 2010.
Writ of Mandamus and Procedendo, Motion No. 431074, Order No. 431496.
WRIT DENIED.
Anthony Walker, pro se, for Relator.
William D. Mason, Cuyahoga County Prosecutor, By: James E. Moss, Assistant County Prosecutor, Attorneys for Respondent.
JOURNAL ENTRY AND OPINION
{¶ 1} On January 21, 2010, relator Anthony Walker filed a complaint for writ of mandamus and procedendo against Judge Burt Griffin to compel him to rule on his motion to vacate void sentence judgment in State v. Walker, Cuyahoga County Court of Common Pleas Case Nos. CR-268354, which was filed on February 28, 2005. On February 11, 2010, Judge Michael P. Donnelly, through the Cuyahoga County Prosecutor's office, filed a motion for summary judgment. For the following reason, we grant the motion for summary judgment.
The matter is now assigned to Judge Michael P. Donnelly.
{¶ 2} Although the incorrect entry is attached to the motion for summary judgment, a review of the lower court docket indicates that Judge Donnelly denied Walker's motion to vacate void sentence judgment on February 5, 2010. Accordingly, we find that Walker' complaint for a writ of mandamus and procedendo is moot. State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723.
{¶ 3} Accordingly, we grant Judge Donnelly's motion for summary judgment. Respondent to bear costs. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ. R. 58(B).
{¶ 4} Writ denied.
MELODY J. STEWART, P.J., and LARRY A. JONES, J., CONCUR.