State ex rel. Dudley

2013 Ohio 2920

• Court: Ohio Court of Appeals
• Decided: June 28, 2013
• Docket: 99828
• Status: Published

Opinion

[Cite as State ex rel. Dudley, 2013-Ohio-2920.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99828

STATE OF OHIO, EX REL. EDDIE DUDLEY

RELATOR

vs.

JUDGE BRENDAN J. SHEEHAN RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 464840 Order No. 465708

RELEASE DATE: June 28, 2013 FOR RELATOR

Eddie Dudley Inmate No. 582-483 Lorain Correctional Institution 2075 South Avon-Belden Road Grafton, Ohio 44044

ATTORNEYS FOR RESPONDENT

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} On April 25, 2013, the relator, Eddie Dudley, commenced this mandamus

action against the respondent, Judge Brendan J. Sheehan, to compel him to rule on

Dudley’s motions for a monthly installment plan, filed on December 14, 2012, in the

underlying cases, State v. Dudley, Cuyahoga C.P. Nos. CR-500587, CR-500881,

CR-530921, and CR-532408. On May 9, 2013, the respondent moved for summary

judgment on the grounds of mootness. Attached to the dispositive motion were certified

copies of April 29, 2013 journal entries denying Dudley’s subject motions in each of the

underlying cases. Dudley did not oppose the summary judgment motion. The journal

entries establish that Dudley has received his requested relief, rulings on his motions.

This action is therefore moot.

{¶2} Accordingly, the court grants the respondent’s motion for summary judgment

and denies the application for a writ of mandamus. Respondent to pay costs; costs

waived. 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).

{¶3} Writ denied.

FRANK D. CELEBREZZE, JR., JUDGE

MELODY J. STEWART, A.J., and SEAN C. GALLAGHER, J., CONCUR