State ex rel. Priest v. Jackson

2014 Ohio 34

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100390

STATE OF OHIO EX REL.,

MYRON PRIEST

RELATOR

vs.

JUDGE MICHAEL JACKSON

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Procedendo

Motion No. 469028

Order No. 470564

RELEASE DATE: January 8, 2014

FOR RELATOR

Myron Priest, Pro Se Inmate No. 520029 Lorain Correctional Institution 2075 S. Avon-Belden Road Grafton, OH 44044

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor

BY: James E. Moss Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, OH 44113

MELODY J. STEWART, J.:

{¶1} On September 12, 2013, the relator, Myron Priest, commenced this procedendo action against the respondent, Judge Michael Jackson, to compel the judge to rule on a “Motion to vacate court costs and/or motion for resentencing” that Priest filed on September 11, 2012, in the underlying case State v. Priest, Cuyahoga C.P. No. CR-481596.1 On October 11, 2013, the respondent judge moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of an October 11, 2013 journal entry denying the subject motion. Priest never filed a response. Indeed, a review of this court’s docket shows that Priest has appealed the judge’s ruling to this court; State v. Priest, 8th Dist. Cuyahoga No. 100614. The ruling and Priest’s appeal establishes that this procedendo action is moot.

{¶2} Accordingly, this court grants the respondent’s motion for summary judgment and denies the application for a writ of procedendo. Costs assessed against respondent; costs waived. The court directs the clerk of court to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).

Pursuant to Civ.R. 25(D)(1), Judge Michael Jackson, as successor judge, is substituted for 1

the judge who was originally assigned to the underlying case.

{¶3} Writ denied.

MELODY J. STEWART, JUDGE

SEAN C. GALLAGHER, P.J., and KENNETH A. ROCCO, J., CONCUR