McCall v. Fleegle

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[Cite as McCall v. Fleegle, 2013-Ohio-3445.] COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT EUGENE B. MCCALL Petitioner -vsJUDGE MARK C. FLEEGLE Respondent : : : : : : : : : JUDGES: Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J. Case No. CT2013-0011 OPINION CHARACTER OF PROCEEDING: Writ of Procedendo JUDGMENT: Dismissed DATE OF JUDGMENT: August 2, 2013 APPEARANCES: For Respondent For Petitioner NO APPEARANCE EUGENE B. MCCALL, Pro Se #404-939 Pickaway Correctional Institution P. O. BOX 209 Orient, OH 43146 Muskingum County, Case No. CT2013-0011 2 Farmer, J. {¶1} Petitioner, Eugene McCall, has filed a Petition for the Issuance of a Writ of Procedendo asking this Court to order Respondent, Judge Mark C. Fleegle, to rule on two outstanding motions in his trial court case. The first motion was filed on September 13, 2011 by Appellant in a pro se capacity and the second motion was filed on June 22, 2012 by counsel for Petitioner. {¶2} The Supreme Court has held that a judge s performance of the requested act makes the complaint in procedendo moot. State ex rel. Hazel v. Bender, 129 Ohio St.3d 496, 496, 954 N.E.2d 114, 115 (Ohio, 2011). {¶3} Subsequent to the filing of the instant complaint, Respondent ruled on the issue raised in both outstanding motions in the underlying case. In turn, Petitioner has appealed the trial court s decision on these motions to this Court which was assigned Case Number CT 2013-0014. Because Respondent has performed the act requested in the complaint, we dismiss the instant petition as moot. By Farmer, J. Gwin, P J. and Wise, J. concur. _______________________________ Hon. Sheila G. Farmer _______________________________ Hon. W. Scott Gwin _______________________________ Hon. John W. Wise SGF/as 719 [Cite as McCall v. Fleegle, 2013-Ohio-3445.] IN THE COURT OF APPEALS FOR MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT EUGENE B. MCCALL Petitioner -vsJUDGE MARK C. FLEEGLE Respondent : : : : : : : : : JUDGMENT ENTRY CASE NO. 13-CA-8 For the reasons stated in our accompanying Memorandum-Opinion, the petition for writ of procedendo is dismissed as moot. Costs waived. _______________________________ Hon. Sheila G. Farmer _______________________________ Hon. W. Scott Gwin _______________________________ Hon. John W. Wise

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