State ex rel. Orr v. Sutula

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[Cite as State ex rel. Orr v. Sutula, 2010-Ohio-4142.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 95241 STATE OF OHIO EX REL., WYLEE ORR RELATOR vs. HONORABLE KATHLEEN SUTULA RESPONDENT JUDGMENT: WRIT DENIED WRIT OF MANDAMUS Motion No. 435398 Order No. 436750 RELEASE DATE: FOR RELATOR August 30, 2010 2 Wylee Orr, pro se Inmate No. 31738-160 NEOCC 2240 Hubbard Road Youngstown, Ohio 44505 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 MARY J. BOYLE, J.: {¶ 1} Relator, Wylee Orr, requests that this court compel respondent judge to issue findings of fact and conclusions of law with respect to the petition for postconviction relief filed by relator in State v. Orr, Cuyahoga County Court of Common Pleas Case No. CR-506072, on April 13, 2009. Respondent initially denied Orr s petition, but this court reversed that judgment and ordered respondent to consider Orr s petition. State v. Orr, Cuyahoga App. No. 93796, 2010-Ohio-366. {¶ 2} Respondent has filed a motion for summary judgment attached to which is a copy of the findings of fact and conclusions of law issued by respondent and received for filing by the clerk on June 25, 2010. Relator has not opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. 3 We agree. {¶ 3} Accordingly, respondent's motion for summary judgment is granted. Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). Writ denied. __________________________________ MARY J. BOYLE, JUDGE CHRISTINE T. McMONAGLE, P.J., and ANN DYKE, J., CONCUR

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