State ex rel. Dilley v. Donnelly
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[Cite as State ex rel. Dilley v. Donnelly, 2017-Ohio-9184.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 106332 STATE OF OHIO, EX REL. WILLIAM DILLEY RELATOR vs. JUDGE MICHAEL P. DONNELLY RESPONDENT JUDGMENT: WRITS DENIED Writs of Mandamus and Procedendo Motion No. 511581 Order No. 512617 RELEASE DATE: December 19, 2017 FOR RELATOR William Dilley, pro se 11720 Regent Park Drive Chardon, Ohio 44024 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 EILEEN T. GALLAGHER, P.J.: {¶1} On October 3, 2017, the relator, William Dilley, commenced this mandamus and procedendo action against the respondent, Judge Michael P. Donnelly, to compel him to rule on a motion to void judgment, that Dilley filed on January 19, 2017, in the underlying case, State v. Dilley, Cuyahoga C.P. No. CR-12-558185-A. On October 27, 2017, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of an October 25, 2017 journal entry denying the motion to void judgment in the underlying case. Dilley never filed a response. This establishes that Dilley has received his requested relief, that the judge has fulfilled his duty to resolve the motion, and that the action is moot. {¶2} Accordingly, the court grants the respondent’s motion for summary judgment and denies the application for a writ of mandamus or procedendo. Costs assessed against relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). {¶3} Writs denied. EILEEN T. GALLAGHER, PRESIDING JUDGE PATRICIA ANN BLACKMON, J., and FRANK D. CELEBREZZE, JR., J., CONCUR
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