State ex rel. Young v. Gall

2014 Ohio 1441

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100919

STATE EX REL., EVANGELIST A. YOUNG RELATOR

vs.

CUYAHOGA COUNTY COURT JUDGE STEVEN GALL

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Procedendo

Motion No. 472246

Order No. 473382

RELEASE DATE: April 1, 2014

RELATOR

Evangelist A. Young, pro se Inmate Number 620-161 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

KATHLEEN ANN KEOUGH, J.:

{¶1} Evangelist A. Young (“Young”) has filed a complaint for writ of procedendo. Young seeks an order from this court that requires Judge Steven Gall to rule on motions he filed in Cuyahoga C.P. Nos. CR-11-553117-A and CR-11-552705. Judge Gall has moved for summary judgment, which we grant because the complaint is moot.

{¶2} Young seeks to compel a ruling on a motion for jail-time credit that he alleges was filed on October 31, 2013. Young filed motions for jail-time credit in case number CR-11-552705 on November 5, 2013, and March 5, 2014. The court issued orders granting Young jail-time credit in that case on January 29, 2014, and March 10, 2014. In CR-11-553117-A, Young filed a motion for jail-time credit on November 6, 2013, and the court issued an order granting Young jail time credit in that case on January 29, 2014.

{¶3} Young is not entitled to a writ of procedendo because respondent has already ruled on the motions. “A writ of procedendo will not issue to compel the performance of a duty that has already been performed.” State ex rel. Roberts v. Marsh, Ohio St.3d , 2014-Ohio-106, ¶ 6, citing State ex rel. Grove v. Nadel, 84 Ohio St.3d 252, 253, 1998-Ohio-541, 703 N.E.2d 304 (1998)

{¶4} Judge Gall’s motion for summary judgment is granted, and Young’s complaint for a writ of procedendo is denied. Relator 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).

{¶5} Writ denied.

KATHLEEN ANN KEOUGH, JUDGE

KENNETH A. ROCCO, P.J., and TIM McCORMACK, J., CONCUR