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

2013 Ohio 1456

• Court: Ohio Court of Appeals
• Decided: April 5, 2013
• Docket: 99011
• Status: Published

Opinion

[Cite as State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas, 2013-Ohio-1456.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99011

STATE OF OHIO, EX REL., TIMOTHY PETTWAY RELATOR vs. CUYAHOGA COUNTY COURT OF COMMON PLEAS, ET AL.

RESPONDENTS

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 460161 Order No. 463466

RELEASE DATE: April 5, 2013 FOR RELATOR

Timothy Pettway, Pro se Inmate #550-655 Toledo Correctional Institution 2001 E. Central Avenue Toledo, Ohio 43608

ATTORNEYS FOR RESPONDENTS

Timothy J. McGinty Cuyahoga County Prosecutor

BY: James E. Moss Assistant Prosecuting Attorney The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 LARRY A. JONES, SR., J.:

{¶1} Timothy Pettway has filed a complaint for a writ of procedendo. Pettway

seeks an order from this court that requires Judge Deena Calabrese and the Cuyahoga

County Court of Common Pleas to render a ruling with regard to a petition for

postconviction relief filed in State v. Pettway, Cuyahoga C.P. No. CR-498474.

{¶2} Attached to a motion for summary judgment, filed by Judge Calabrese and

the Cuyahoga County Court of Common Pleas, is a copy of a judgment entry, journalized

on November 2, 2012, which demonstrates that a ruling, accompanied by findings of fact

and conclusions of law, has been rendered with regard to Pettway’s petition for

postconviction relief. Thus, Pettway’s complaint for a writ of procedendo is moot.

State v. Jerninghan, 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).

{¶3} Accordingly, we grant the motion for summary judgment. Judge Calabrese

and the Cuyahoga County Court of Common Pleas to pay costs. Costs waived. The

court directs the clerk of court 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.

LARRY A. JONES, SR., JUDGE

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