State ex rel. Berry v. Villanueva

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[Cite as State ex rel. Berry v. Villanueva, 2009-Ohio-3600.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93272 STATE OF OHIO, EX REL., CHRISTOPHER BERRY RELATOR vs. JUDGE JOSE A. VILLANUEVA RESPONDENT JUDGMENT: WRIT DENIED WRIT OF PROCEDENDO MOTION NO. 423413 ORDER NO. 423524 RELEASE DATE: July 20, 2009 2 FOR RELATOR Christopher Berry, pro se Inmate No.494-051 Trumbull Correctional Inst P.O. Box 901 Leavittsburg, Ohio 44430-0901 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 KENNETH A. ROCCO, P.J.: {¶ 1} Christopher Berry has filed a complaint for a writ of procedendo, through which he seeks an order which requires Judge Jose A. Villanueva to issue findings of fact and conclusions of law with regard to petitions for postconviction relief that were filed in the underlying case of State v. Berry, Cuyahoga County Court of Common Pleas Case No. CR-466432. Judge Villanueva has filed a motion for summary judgment. {¶ 2} Attached to Judge Villanueva s motion for summary judgment is a copy of the findings of fact and conclusions of law as issued in Cuyahoga County Court of Common Pleas Case No. CR-466432. Thus, Berry s complaint for a writ of procedendo is moot. State ex rel. Snider v. Stapleton (1992), 65 Ohio St.3d 40, 600 3 N.E.2d 240; State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76, 591 N.E.2d 1240. {¶ 3} Accordingly, we grant Judges Villanueva s motion for summary judgment. Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals, pursuant to Civ.R. 58(B), serve upon all parties notice of this judgment and date of entry. Writ denied. KENNETH A. ROCCO, PRESIDING JUDGE MELODY J. STEWART, J., and FRANK D. CELEBREZZE, JR., J., CONCUR

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