State ex rel. Knuckles v. Court of Common Pleas Judge
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[Cite as State ex rel. Knuckles v. Court of Common Pleas Judge, 2017-Ohio-5753.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 105754 STATE OF OHIO, EX REL. RODNEY KNUCKLES RELATOR vs. JUDGE OF COURT OF COMMON PLEAS RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus and/or Procedendo Motion No. 507184 Order No. 508154 RELEASE DATE: July 5, 2017 FOR RELATOR Rodney Knuckles, pro se Inmate No. 630-539 N.C.C.I. P.O. Box 1812 Marion, Ohio 43301 ATTORNEYS FOR RESPONDENT Michael C. O’Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 PATRICIA ANN BLACKMON, J.: {¶1} On May 8, 2017, the relator, Rodney Knuckles, commenced this mandamus and/or procedendo action against the respondent, the Cuyahoga County Common Pleas Court, to compel the court to render a judgment on his postconviction relief petition, which he filed on August 16, 2016, in the underlying case, State v. Knuckles, Cuyahoga C.P. No. CR-81-164134-ZA. On May 17, 2017, the respondent, through the Cuyahoga County prosecutor, moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of a certified journal entry, file-stamped November 18, 2016, in which the court dismissed the subject petition complete with findings of fact and conclusions of law. Knuckles never responded to the dispositive motion. The November 18, 2016 journal entry establishes that the respondent has rendered a judgment on the subject petition and that this case is moot. {¶2} Accordingly, this court grants the respondent’s motion for summary judgment and denies the application for an extraordinary writ. Relator to pay costs. This court directs the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B). {¶3} Writ denied. PATRICIA ANN BLACKMON, JUDGE KATHLEEN ANN KEOUGH, A.J., and FRANK D. CELEBREZZE, JR., J., CONCUR
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