State ex rel. Blair v. O'Malley
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[Cite as State ex rel. Blair v. O'Malley, 2010-Ohio-1876.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94577 STATE OF OHIO, EX REL. JULEANDO BLAIR RELATOR vs. HONORABLE THOMAS O MALLEY RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 431955 Order No. 432545 RELEASE DATE: April 27, 2010 2 FOR RELATOR Juleando Blair, pro se Inmate No. 544-519 Mansfield Correctional Institution P.O. Box 788 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 LARRY A. JONES, J.: {¶ 1} Juleando Blair, the relator, has filed a complaint for a writ of procedendo. Blair seeks an order from this court, which requires Judge Thomas O Malley, the respondent, to issue a ruling with regard to a motion to vacate or set aside the sentence that was filed in In re: Juleando Blair, Cuyahoga County Court of Common Pleas, Juvenile Division, Case No. DL-6109136. Judge O Malley has filed a motion for summary judgment. {¶ 2} Attached to the motion for summary judgment is a copy of a judgment entry, as journalized on January 8, 2009, which indicates that a 3 ruling has been issued by Judge O Malley with regard to Blair s motion to vacate or set aside sentence. Blair s request for a writ of procedendo is moot. State 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. In addition, Blair possesses or possessed an adequate remedy at law vis-a-vis an appeal from the judgment that denied his motion to vacate or set aside sentence. State ex rel. Hughley v. McMonagle, 121 Ohio St.3d 536, 2009-Ohio-1703, 905 N.E.2d 1220; State ex rel. Jaffal v. Calabrese, 105 Ohio St.3d 440, 2005-Ohio-2591, 828 N.E.2d 107. {¶ 3} Accordingly, we grant Judge O Malley s motion for summary judgment. Costs to Blair. 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. LARRY A. JONES, JUDGE CHRISTINE T. MCMONAGLE, P.J., and JAMES J. SWEENEY, J., CONCUR
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