Smith v. Synenberg
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[Cite as Smith v. Synenberg, 2009-Ohio-3745.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93452 DARNELL R. SMITH RELATOR vs. JUDGE JOAN SYNENBERG RESPONDENT JUDGMENT: WRIT DENIED WRIT OF PROCEDENDO MOTION NO. 423795 ORDER NO. 424279 RELEASE DATE: July 29, 2009 2 FOR RELATOR Darnell R. Smith, pro se Inmate No. 463-783 Lake Erie Correctional Inst. P.O. Box 8000 Conneaut, Ohio 44030 ATTORNEY FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 PATRICIA A. BLACKMON, P.J.: {¶ 1} On June 12, 2009, relator Darnell Smith commenced this procedendo action against respondent Judge Joan Synenberg to compel her to rule on his motion for void judgment and conviction relief in State v. Smith, Cuyahoga County Court of Common Pleas, Case Nos. CR-443109, CR-437512 and CR-434529 which was filed on December 18, 2008. On July 2, 2009, Judge Synenberg, through the Cuyahoga County Prosecutor s office, filed a motion for summary judgment. For the following reasons, we grant the motion for summary judgment. {¶ 2} Initially we find that the petition for a writ of procedendo is fatally defective since it is improperly captioned. A petition for a writ must be brought in the 3 name of the state, on relation of the person applying. Smith s failure to properly caption his petition constitutes sufficient reason for dismissal.1 {¶ 3} Nevertheless, attached to the motion for summary judgment is a copy of Judge Synenberg s order denying Smith s motion. Thus, Smith s request for a writ of procedendo is moot.2 {¶ 4} Accordingly, we grant the motion for summary judgment. Costs to respondent. 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. PATRICIA A. BLACKMON, PRESIDING JUDGE MARY J. BOYLE, J., and LARRY A. JONES, J., CONCUR 1 Allen v. Court of Common Pleas of Allen Cty. (1962), 173 Ohio St. 226, 181 N.E.2d 270; Dunning v. Judge Cleary (Jan. 11, 2001), Cuyahoga App. No. 78763. 2 State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723.
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