State ex rel. Bandy v. Villanueva

2012 Ohio 1551

• Court: Ohio Court of Appeals
• Decided: April 3, 2012
• Docket: 97870
• Status: Published

Opinion

[Cite as State ex rel. Bandy v. Villanueva, 2012-Ohio-1551.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97870

STATE OF OHIO, EX REL., WILLIE BANDY RELATOR

vs.

JUDGE JOSE VILLANUEVA RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion Nos. 452029, 452313, 452332, and 452333 Order No. 453717

RELEASE DATE: April 3, 2012 FOR RELATOR

Willie Bandy, pro se Inmate No. 431-465 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, OH 44044

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor

By: James E. Moss Assistant County Prosecutor Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., P.J.:

{¶1} Relator, Willie Bandy, requests that this court compel respondent judge to rule

on twelve motions in State v. Bandy, Cuyahoga County Court of Common Pleas Case No.

CR-417888.

{¶2} Respondent filed a motion to dismiss attached to which is a copy of a journal

entry issued by respondent and received for filing by the clerk on February 3, 2012 in which

respondent disposed of all twelve motions. Previously, this court granted respondent’s motion

to convert the motion to dismiss to a motion for summary judgment. Relator has not opposed

the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree.

{¶3} Accordingly, respondent’s motion to dismiss, which we converted to a motion

for summary judgment, is granted. Relator to pay costs. 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).

Writ denied.

FRANK D. CELEBREZZE, JR., J., PRESIDING JUDGE

JAMES J. SWEENEY, J., and KENNETH A. ROCCO, J., CONCUR