State ex rel. Smith v. Calabrese

2014 Ohio 2069

Opinion

[Cite as State ex rel. Smith v. Calabrese, 2014-Ohio-2069.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101189

STATE OF OHIO, EX REL. RICHARD SMITH

RELATOR

vs.

CUYAHOGA COUNTY COMMON PLEAS JUDGE DEENA R. CALABRESE RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 474270 Order No. 474517

RELEASE DATE: May 9, 2014 FOR RELATOR

Richard Smith, pro se #550-616, 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 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 EILEEN T. GALLAGHER, J.:

{¶1} Richard Smith has filed a complaint for a writ of mandamus. Smith seeks an

order from this court that requires Judge Deena Calabrese to render a ruling with regard

to a “motion to correct illegal sentence” filed in State v. Smith, Cuyahoga C.P. No.

CR-05-469680-A. For the following reasons, we decline to issue a writ of mandamus on

behalf of Smith.

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

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

April 8, 2014, which demonstrates that a ruling has been rendered with regard to the

“motion to correct illegal sentence.” Thus, Smith is not entitled to a writ of mandamus.

State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278,

658 N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163

(1983).

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

Costs to Judge Calabrese. 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.

EILEEN T. GALLAGHER, JUDGE

MARY J. BOYLE, A.J., and PATRICIA ANN BLACKMON, J., CONCUR #101189 - State Ex. Rel., Richard Smith v. Cuyahoga County Common Pleas Judge Deena R. Calabrese