State ex rel. Gates v. Villanueva

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[Cite as State ex rel. Gates v. Villanueva, 2004-Ohio-4894.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 84685 STATE OF OHIO, EX REL. DENNIS GATES Relator vs. JOSE A. VILLANUEVA, JUDGE Respondent : : : : : : : : : : ORIGINAL ACTION JOURNAL ENTRY AND OPINION DATE OF JOURNALIZATION: SEPTEMBER 15, 2004 CHARACTER OF PROCEEDINGS: WRIT OF PROCEDENDO JUDGMENT: Writ Denied. Motion No. 362720 Order No. 363708 APPEARANCES: For Relator: DENNIS GATES, pro se Inmate No. 359-725 Mansfield Correctional Inst. P.O. Box 788 Mansfield, Ohio 44901 For Respondent: WILLIAM D. MASON Cuyahoga County Prosecutor BY: KERRY A. SOWUL Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 [Cite as State ex rel. Gates v. Villanueva, 2004-Ohio-4894.] Administrative Judge Michael J. Corrigan: {¶ 1} On May 19, 2004, relator, Dennis Gates, commenced this procedendo action against respondent, Judge Jose Villanueva, to compel him to rule on his post-conviction petition filed in State v. Gates, Cuyahoga County Court of Common Pleas Case No. CR-360793 which was originally filed on April 26, 1999. August 5, 2004, respondent, through the Cuyahoga On County Prosecutor, filed a motion for summary judgment to which Gates did not submit a response. Attached to the respondent s motion for summary judgment is a copy of the court s findings of fact and conclusions of law denying Gate s post-conviction petition. moot. Thus, Gates petition for a writ of procedendo is State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723. {¶ 2} Accordingly, we grant the respondent s motion for summary judgment. Respondent to bear costs. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Writ denied. MICHAEL J. CORRIGAN ADMINISTRATIVE JUDGE ANNE L. KILBANE, J., CONCURS SEAN C. GALLAGHER, J., CONCURS 3

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