State ex rel. Sanchez v. Russo

2014 Ohio 4392

• Court: Ohio Court of Appeals
• Decided: September 26, 2014
• Docket: 101741
• Status: Published

Opinion

[Cite as State ex rel. Sanchez v. Russo, 2014-Ohio-4392.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101741

STATE EX REL. JOSE SANCHEZ RELATOR vs.

JUDGE JOHN J. RUSSO RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 477842 Order No. 477912

RELEASE DATE: September 26, 2014 FOR RELATOR

Jose Sanchez, pro se #564-972, Grafton Correctional Institution 2500 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, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 LARRY A. JONES, SR., P.J.:

{¶1} Jose Sanchez has filed a complaint for a writ of mandamus. Sanchez seeks

an order from this court that requires Judge Shirley Strickland Saffold to render a ruling

with regard to a “motion to vacate for being twice in jeopardy” filed in State v. Sanchez,

Cuyahoga C.P. No. CR-08-515338.1 In addition, Sanchez seeks a hearing with regard to

the motion to vacate. We decline to issue a writ of mandamus on behalf of Sanchez.

{¶2} Sanchez’s request for a writ of mandamus is moot. Attached to Judge

Saffold’s motion for summary judgment is a copy of a journal entry, journalized on

August 13, 2014, that demonstrates a ruling has been rendered with regard to the motion

to vacate. In addition, Sanchez has failed to demonstrate that Judge Saffold is required

to conduct a hearing with regard to the motion to vacate. Thus, Sanchez is not entitled to

a writ of mandamus. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas,

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 Judge Saffold’s motion for summary judgment. Costs

to Judge Saffold. Costs waived. The court directs the clerk of courts 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.

Sanchez incorrectly named Judge John J. Russo as the respondent. 1 Judge Shirley Strickland Saffold is the judge assigned to preside over Case No. CR-08-515338. LARRY A. JONES, SR., PRESIDING JUDGE

KATHLEEN ANN KEOUGH, J., and EILEEN T. GALLAGHER, J., CONCUR