State ex rel. Blair v. O'Malley

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[Cite as State ex rel. Blair v. O'Malley, 2010-Ohio-1877.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94927 STATE OF OHIO, EX REL. JULEANDO BLAIR RELATOR vs. HONORABLE THOMAS O MALLEY RESPONDENT JUDGMENT: COMPLAINT DISMISSED Writ of Procedendo Order No. 432620 RELEASE DATE: April 28, 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: Lisa Reitz Williamson Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.: {¶ 1} Juleando Blair, the relator, has filed a second complaint for a writ of procedendo. Once again, 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. procedendo. Sua sponte, we dismiss Blair s second complaint for a writ of 3 {¶ 2} In State ex rel. Blair v. O Malley, (April 27, 2010), Cuyahoga App. No. 94577, this court determined that a ruling has been issued by Judge O Malley with regard to Blair s motion to vacate or set aside sentence. Thus, we find that Blair s second request for a writ of procedendo is moot and is also barred from further consideration by the doctrine of res judicata. 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. See, also, Gravav v. Parkman Twp. (1995), 73 Ohio St.3d 379, 653 N.E.2d 226. {¶ 3} Accordingly, we sua sponte dismiss Blair s second complaint for a writ of procedendo. 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). Complaint dismissed. FRANK D. CELEBREZZE, JR., JUDGE MELODY J. STEWART, P.J., and JAMES J. SWEENEY, J., CONCUR

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