State ex rel. Carter v. Cuyahoga Cty. Court of Common Pleas.

2016 Ohio 3328

• Court: Ohio Court of Appeals
• Decided: June 8, 2016
• Docket: 104086
• Status: Published

Opinion

[Cite as State ex rel. Carter v. Cuyahoga Cty. Court of Common Pleas., 2016-Ohio-3328.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 104086

STATE OF OHIO, EX REL. DARNELL F. CARTER

RELATOR

vs.

CUYAHOGA COUNTY COURT OF COMMON PLEAS, ET AL. RESPONDENTS

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 494908 Order No. 496561

RELEASE DATE: June 8, 2016 FOR RELATOR

Darnell F. Carter Inmate No. 660778 Belmont Correctional Institution 65518 Bannock Road, P.O. Box 540 Saint Clairsville, Ohio 43950

ATTORNEYS FOR RESPONDENTS

Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.:

{¶1} Darnell F. Carter has filed a petition for writ of mandamus. Carter seeks

an order from this court requiring respondents Judge Astrab and the common pleas court

to issue findings of fact and conclusions of law regarding the denial of the motion for

postconviction relief that Carter filed on March 12, 2015, in Cuyahoga C.P. Nos.

CR-14-582508-A, CR-14-583209-A, CR-14-583775-A, and CR-14-585343-A.

Respondents have filed a motion for summary judgment indicating that the petition is

moot because findings of fact and conclusions of law were filed in these cases on March

29, 2016. Respondents have provided copies of these orders in support of the motion for

summary judgment. The motion for summary judgment is granted.

{¶2} Respondent Judge Astrab has performed the act that is sought to be

compelled by this original action; therefore the petition is moot. State ex rel. Culgan v.

Kimbler, 132 Ohio St.3d 480, 2012-Ohio-3310, 974 N.E.2d 88 (a writ of mandamus will

not issue to compel an act already performed); see also State ex rel. Pettway v. Cuyahoga

Cty. Court of Common Pleas, 8th Dist. Cuyahoga No. 99259, 2013-Ohio-1567, ¶ 2.

{¶3} Respondents’ motion for summary judgment is granted, and Carter’s

petition for a writ of mandamus is denied. Relator to pay costs. Costs waived. The

court directs the clerk of courts to serve all parties with notice of this judgment and its

date of entry upon the journal as required by Civ.R. 58(B).

{¶4} Writ denied. FRANK D. CELEBREZZE, JR., JUDGE

SEAN C. GALLAGHER, P.J., and TIM McCORMACK, J., CONCUR