State ex rel. Banks v. Comstock

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[Cite as State ex rel. Banks v. Comstock, 2018-Ohio-4796.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 107260 STATE OF OHIO, EX REL. KEVIN W. BANKS RELATOR vs. JUDGE MARK COMSTOCK RESPONDENT JUDGMENT: COMPLAINT DISMISSED Writ of Procedendo Motion No. 519670 Order No. 522941 RELEASE DATE: November 27, 2018 FOR RELATOR Kevin W. Banks, pro se 1344 Honeysuckle Drive Fairborn, Ohio 45324 ATTORNEYS FOR RESPONDENT Barbara Jones Director of Law BY: Megan M. Matthews Assistant Director of Law City of Berea 11 Berea Commons Berea, Ohio 44017 EILEEN T. GALLAGHER, P.J.: {¶1} Kevin W. Banks has filed a complaint for a writ of procedendo in order to compel Judge Mark Comstock to proceed to final judgment in Berea v. Banks, Berea M.C. No. 16-CRB-00766. {¶2} The Supreme Court of Ohio has established that a court may take notice of a docket that is publicly available via the internet. State ex rel. Everhart v. McIntosh, 115 Ohio St.3d 195, 2007-Ohio-4798, 874 N.E.2d 516, ¶ 8, citing Doe v. Golden & Walters, P.L.L.C., 173 S.W.3d 260, 265 (Ky.App.2005); Leatherworks Partnership v. Berk Realty, Inc., N.D.Ohio No. 4:04 CV 0784, 2005 U.S. Dist. LEXIS 27887, 2 (Nov. 15, 2005). See also Cornelison v. Russo, 8th Dist. Cuyahoga No. 107283, 2018-Ohio-3574; State v. Chairperson of the Ohio Adult Parole Auth., 10th Dist. Franklin No. 17AP-651, 2018-Ohio-1620, ¶ 23. {¶3} We find that Banks’s complaint for a writ of procedendo is moot. An examination of the electronic docket maintained by the Berea Municipal Court discloses that on November 7, 2018, Judge Comstock found Banks guilty of the offense of domestic violence (R.C. 2919.25) upon the entry of a plea of no contest, sentenced Banks to a jail sentence of one day, with credit granted for one day, and imposed a fine of $75 plus court costs. The docket further reveals that Banks paid $597, which included the fine of $75 and court costs. Because Judge Comstock proceeded to judgment in Berea M.C. No. 16-CRB-00766, Banks has obtained the relief he has sought and the complaint for a writ of procedendo is moot. State ex rel. Howard v. Doneghy, 102 Ohio St.3d 355, 2004-Ohio-3207, 810 N.E.2d 958; State ex rel. Kreps v. Christiansen, 88 Ohio St.3d 313, 318, 725 N.E.2d 663 (2000), citing State ex rel. Grove v. Nadel, 84 Ohio St.3d 252, 703 N.E.2d 304 (1998). {¶4} Accordingly, we sua sponte dismiss Banks’s complaint for a writ of procedendo. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B). {¶5} Complaint dismissed. EILEEN T. GALLAGHER, PRESIDING JUDGE ANITA LASTER MAYS, J., and LARRY A. JONES, SR., J., CONCUR

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