State ex rel. Fuller v. Sutula

2012 Ohio 4827

• Court: Ohio Court of Appeals
• Decided: October 17, 2012
• Docket: 98375
• Status: Published

Opinion

[Cite as State ex rel. Fuller v. Sutula, 2012-Ohio-4827.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98375

STATE OF OHIO, EX REL. MICHAEL FULLER RELATOR

vs.

JUDGE KATHLEEN ANN SUTULA RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 456147 Order No. 459273

RELEASE DATE: October 17, 2012 FOR RELATOR

Michael Fuller, pro se Inmate No. 257-390 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, OH 44044

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor

BY: Charles E. Hannan Assistant Prosecuting Attorney The Justice Center, 8th Floor 1200 Ontario Street Cleveland, OH 44113 SEAN C. GALLAGHER, J.:

{¶1} Relator, Michael Fuller, is the plaintiff in Fuller v. Ohio Dept. of Rehab. &

Corr., Cuyahoga C.P. No. CV-768245, a declaratory judgment action. Fuller appealed

the February 16, 2012 judgment of the court of common pleas to this court, and we

dismissed that appeal for lack of a final appealable order because the trial court did not

state the basis for its decision and declare the rights of the parties. Fuller v. Ohio Dept.

of Rehab. & Corr., 8th Dist. No. 98062 (May 2, 2012).

{¶2} In this action, Fuller requests that this court compel respondent judge to issue

a final appealable order. For the reasons stated below, we deny Fuller’s request for

relief in mandamus.

{¶3} The docket in Case No. CV-768245 reflects that respondent entered judgment

on May 16, 2012. Fuller’s appeal of that judgment is now pending before this court as

Fuller v. Mohr, 8th Dist. No. 98477. He filed this action on May 18, 2012.

{¶4} Respondent has filed a motion for summary judgment attached to which is a

copy of the May 16, 2012 entry of respondent. Fuller has not opposed the motion.

Respondent contends that she has already acted and cannot be compelled to perform a

duty that she has already fulfilled. We agree. {¶5} Accordingly, respondent’s motion for summary judgment is granted. Fuller

to pay costs. This court directs the clerk of court to serve all parties notice of this

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

Writ denied.

SEAN C. GALLAGHER, JUDGE

PATRICIA ANN BLACKMON, A.J., and MARY J. BOYLE, J., CONCUR