State ex rel. Whiteman v. Comstock

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[Cite as State ex rel. Whiteman v. Comstock, 2009-Ohio-6111.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93753 STATE OF OHIO EX REL., EDWARD WHITEMAN RELATOR vs. MARK A. COMSTOCK, JUDGE, BEREA MUNICIPAL COURT RESPONDENT JUDGMENT: COMPLAINT DISMISSED WRIT OF MANDAMUS MOTION NO. 427840 ORDER NO. 428075 RELEASE DATE: November 17, 2009 2 FOR RELATOR Edward Whiteman, pro se #561-335 NCI 15708 Mcconnelsville Road Caldwell, Ohio 43724 ATTORNEYS FOR RESPONDENT James N. Walters 343 West Bagley Rd.,Ste.101 P.O. Box 297 Berea, Ohio 44017 Gregory M. Sponseller Director of Law City of Berea 11 Berea Commons Berea, Ohio 44017 PATRICIA A. BLACKMON, J.: {¶ 1} Edward Whiteman, the relator, has filed a complaint for a writ of mandamus, through which he seeks an order from this court that requires Judge Mark A. Comstock, the respondent, to dismiss the fines and recall the warrant for failure to appear that are pending within the underlying case of Berea v. Whiteman, Berea Municipal Court Case No. 08-TRD-01472. Judge Comstock has filed a motion to dismiss, which demonstrates that Whiteman s request for a writ of mandamus is moot. 3 {¶ 2} Attached to Judge Whiteman s motion to dismiss is a certified copy of the docket as maintained in Berea Municipal Court Case No. 08-TRD-01472. The docket clearly demonstrates that: (1) the warrant for Whiteman s arrest was withdrawn on September 22, 2009; and (2) all outstanding fines and costs were waived on September 22, 2009. Whiteman s request for a writ of mandamus is moot.1 {¶ 3} Accordingly, we grant Judge Comstock s motion to dismiss. Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals, pursuant to Civ.R. 58(B), serve notice of this judgment upon all parties. Complaint dismissed. PATRICIA A. BLACKMON, JUDGE CHRISTINE T. MCMONAGLE, P.J., and MELODY J. STEWART, J., CONCUR State ex rel. Snider v. Stapleton (1992), 65 Ohio St.3d 40, 600 N.E.2d 240; State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76, 591 N.E.2d 1240. 1

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