State ex rel. Nelson v. Donnelly

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[Cite as State ex rel. Nelson v. Donnelly, 2010-Ohio-1219.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94589 STATE OF OHIO, EX REL. SHAWN NELSON RELATOR vs. MICHAEL P. DONNELLY, JUDGE RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 431480 Order No. 431539 RELEASE DATE: March 22, 2010 2 FOR RELATOR Shawn W. Nelson, pro se Inmate No. 431-685 Richland Correctional Institution P.O. Box 8107 Mansfield, Ohio 44901 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 PATRICIA A. BLACKMON, P.J.: {¶ 1} Shawn Nelson, the relator, has filed a complaint for a writ of procedendo. Nelson seeks an order from this court, which requires Judge Michael P. Donnelly, the respondent, to render rulings with regard to seven motions that were filed in State v. Nelson, Cuyahoga County Court of Common Pleas Case No. CR-416032. Specifically, Nelson seeks rulings with regard to (1) motion to void judgment pursuant to Civ.R. 60(B) (filed Nov. 19, 2009), (2) motion for determination (filed July 15, 2009), (3) motion for the court to order all records to investigate proceedings (filed Nov. 10, 2009), (4) 3 motion for Civ.R. 55 default judgment (filed Dec. 22, 2009), (5) motion to vacate and dismiss case CR-416032 for lack of subject matter jurisdiction (filed Dec. 22, 2009), (6) Civ.R. 60(B)(4) motion to vacate and dismiss pertaining to void sentence (filed Dec. 22, 2009), and (7) motion to assign appellate counsel, Mr. Paul Mancino (filed Jan. 4, 2010). Judge Donnelly has filed a motion for summary judgment. {¶ 2} Attached to Judge Donnelly s motion for summary judgment are copies of journal entries, which demonstrate that Judge Donnelly has rendered rulings with regard to each of Nelson s motions that were filed in State v. Nelson, supra. Nelson s request for a writ of procedendo is moot.1 {¶ 3} Accordingly, we grant Judge Donnelly s motion for summary judgment. Parties to share costs. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B). Writ denied. PATRICIA A. BLACKMON, PRESIDING JUDGE 1State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. 4 LARRY A. JONES, J., and COLLEEN CONWAY COONEY, J., CONCUR

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