State ex rel. Walker v. Griffin

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[Cite as State ex rel. Walker v. Griffin, 2010-Ohio-1675.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94548 STATE OF OHIO, EX REL. ANTHONY WALKER RELATOR vs. JUDGE BURT W. GRIFFIN RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus and Procedendo Motion No. 431074 Order No. 431496 RELEASE DATE: April 14, 2010 FOR RELATOR Anthony Walker, pro se 2 Inmate No.250-265 Grafton Correctional Inst. 2500 South Avon-Belden Road Grafton, Ohio 44044 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 FRANK D. CELEBREZZE, JR. J.: {¶ 1} On January 21, 2010, relator Anthony Walker filed a complaint for writ of mandamus and procedendo against Judge Burt Griffin to compel him to rule on his motion to vacate void sentence judgment in State v. Walker, Cuyahoga County Court of Common Pleas Case Nos. CR-268354, which was filed on February 28, 2005. On February 11, 2010, Judge Michael P. Donnelly, through the Cuyahoga County Prosecutor s office, filed a motion for summary judgment. 1 For the following reason, we grant the motion for summary judgment. {¶ 2} Although the incorrect entry is attached to the motion for summary judgment, a review of the lower court docket indicates that Judge Donnelly denied 1 The matter is now assigned to Judge Michael P. Donnelly. 3 Walker s motion to vacate void sentence judgment on February 5, 2010. Accordingly, we find that Walker complaint for a writ of mandamus and procedendo is moot. State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723. {¶ 3} Accordingly, we grant Judge Donnelly 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). {¶ 4} Writ denied. FRANK D. CELEBREZZE, JR., JUDGE MELODY J. STEWART, P.J., and LARRY A. JONES, J., CONCUR

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