State ex rel. Soverns v. Synenberg

2014 Ohio 1442

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100991

S/O EX REL., CURTIS D. SOVERNS RELATOR

vs.

JUDGE JOAN SYNENBERG

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Mandamus

Order No. 473396

Motion No. 473078

RELEASE DATE: April 2, 2014

FOR RELATOR

Curtis D. Soverns, pro se Inmate No. 514-355 Lorain Correctional Institution 2075 S. Avon-Belden Rd. Grafton, OH 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, OH 44113

TIM McCORMACK, J.:

{¶1} Curtis D. Soverns has filed a complaint for a “writ of mandamus and/or procedendo in accordance with R.C. 2731.01.” Soverns seeks an order from this court that requires Judge Joan Synenberg to render a ruling with regard to a motion to withdraw plea of

guilty filed in State v. Soverns, Cuyahoga C.P. No. CR-482687. We decline to issue a writ

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mandamus and/or procedendo on behalf of Soverns.

{¶2} Attached to Judge Synenberg’s motion for summary judgment is a copy of a judgment, journalized on March 13, 2014, which demonstrates that a ruling has been issued with regard to the motion to withdraw plea of guilty. Judge Synenberg has discharged her duty to rule on the pending motion. Thus, Soverns’s request for a writ of mandamus and/or procedendo is moot. State ex rel. Fontanella v. Kantos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220; State ex rel. Reynolds v. Basinger, 99 Ohio St.3d 303, 2003-Ohio-3631, 791 N.E.2d 459.

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

Costs to Judge Synenberg. 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 Joan Synenberg is substituted for Judge Eileen T.

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Gallagher, the judge that was originally assigned to the underlying case.

{¶4} Writ denied.

__________________________________________

TIM McCORMACK, JUDGE

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