Opinion
No. 93753.
RELEASE DATE: November 17, 2009.
WRIT OF MANDAMUS MOTION NO. 427840, ORDER NO. 428075.
COMPLAINT DISMISSED.
Edward Whiteman, pro se, #561-335, for Relator.
James N. Walters, Gregory M. Sponseller, Director of Law, Attorneys for Respondent.
JOURNAL ENTRY AND OPINION
{¶ 1} Edward Whiteman, the relator, has filed a complaint for a writ of mandamus, through which he seeks an order from this court that requires Judge Mark A. Comstock, the respondent, to "dismiss the fines and recall the warrant for failure to appear" that are pending within the underlying case of Berea v. Whiteman, Berea Municipal Court Case No. 08-TRD-01472. Judge Comstock has filed a motion to dismiss, which demonstrates that Whiteman's request for a writ of mandamus is moot.
{¶ 2} Attached to Judge Whiteman's motion to dismiss is a certified copy of the docket as maintained in Berea Municipal Court Case No. 08-TRD-01472. The docket clearly demonstrates that: (1) the warrant for Whiteman's arrest was "withdrawn" on September 22, 2009; and (2) all outstanding fines and costs were waived on September 22, 2009. Whiteman's request for a writ of mandamus is moot.
State ex rel. Snider v. Stapleton (1992), 65 Ohio St.3d 40, 600 N.E.2d 240; State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76, 591 N.E.2d 1240.
{¶ 3} Accordingly, we grant Judge Comstock's motion to dismiss. Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals, pursuant to Civ. R. 58(B), serve notice of this judgment upon all parties.
Complaint dismissed.
Christine T. McMonagle, P.J., and Melody J. Stewart, J., concur.