State ex rel. Henderson v. Gallagher

2024 Ohio 1596

• Court: Ohio Court of Appeals
• Decided: April 24, 2024
• Docket: 113694
• Status: Published

Opinion

[Cite as State ex rel. Henderson v. Gallagher, 2024-Ohio-1596.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE EX REL., RONALD E. : HENDERSON,

Relator, No. 113694 : v. : JUDGE KELLY ANN GALLAGHER,

Respondent. :

JOURNAL ENTRY AND OPINION

JUDGMENT: WRIT DISMISSED DATED: April 24, 2024

Writ of Procedendo Motion No. 572914 Order No. 573451

Appearances:

Ronald E. Henderson, pro se.

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Regina A. Russo, Assistant Prosecuting Attorney, for respondent.

EMANUELLA D. GROVES, J.:

On March 4, 2024, the relator, Ronald Henderson, commenced this

procedendo action against the respondent, Judge Kelly Ann Gallagher, to compel

the judge to rule on Henderson’s November 6, 2023, motion to vacate the denial of his motion for default judgment, which he filed in the underlying case, Henderson

v. Jacobs, Cuyahoga C.P. No. CV-23-973448. On March 14, 2024, the respondent

moved to dismiss on the grounds of mootness. Attached to the dispositive motion

was a copy of certified journal entry, file stamped March 7, 2024, in the underlying

case, denying the subject motion. This journal entry establishes that Henderson has

received his requested relief, a ruling on his motion, and that this procedendo action

is moot. Henderson never filed a response to the motion to dismiss. Instead, on

March 27, 2024, Henderson appealed the denial of his motion to vacate. Henderson

v. Jacobs, 8th Dist. Cuyahoga No. 113769.

Accordingly, the court grants the respondent’s motion to dismiss and

dismisses the writ. Each side to bear its own 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 dismissed.

EMANUELLA D. GROVES, JUDGE

LISA B. FORBES, P.J., and MICHAEL JOHN RYAN, J., CONCUR