State ex rel. Bogan v. Matia

2014 Ohio 1845

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100940

STATE EX REL. JAMES C. BOGAN RELATOR

vs.

JUDGE DAVID MATIA

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Procedendo

Motion No. 472576

Order No. 473273

RELEASE DATE: April 30, 2014

FOR RELATOR

James C. Bogan, pro se Inmate #451-645 Richland Correctional Institution P.O. Box 8107 Mansfield, OH 44901

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, OH 44113

KENNETH A. ROCCO, J.:

{¶1} James Bogan has filed a complaint for a writ of procedendo. Bogan seeks a writ of procedendo in order to compel Judge David T. Matia to render a ruling with regard to a “motion to withdraw plea pursuant to Criminal R. 32.1” filed in State v. Bogan, Cuyahoga C.P. No. CR-396492. We decline to issue a writ of mandamus.

{¶2} Initially, we find that Bogan’s complaint for a writ of procedendo is defective. Bogan has failed to provide this court with a sworn affidavit, required by Loc.App.R. 45(B)(1)(a), that specifies the details of the complaint. State ex rel. Mayes v. Ambrose, 8th Dist. Cuyahoga No. 91980, 2009-Ohio-25; James v. Callahan, 8th Dist. Cuyahoga No. 89654, 2007-Ohio-2237.

{¶3} In addition, Bogan’s request for a writ of mandamus is moot. Attached to Judge Matia’s motion for summary judgment is a copy of a judgment entry, journalized on April 20, 2012, which demonstrates that Bogan’s motion to withdraw plea was denied. No additional action is required on the part of Judge Matia with regard to the motion to withdraw plea. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).

{¶4} Accordingly, we grant Judge Matia’s motion for summary judgment. Costs to Bogan. The court directs the clerk of court 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} Writ denied.

_____________________________________

KENNETH A. ROCCO, JUDGE

LARRY A. JONES, SR., P.J., and MELODY J. STEWART, J., CONCUR