State ex rel. Young v. Gall

2014 Ohio 1441

• Court: Ohio Court of Appeals
• Decided: April 1, 2014
• Docket: 100919
• Status: Published

Opinion

[Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]

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 [Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]

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 [Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.] 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) [Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.] {¶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 [Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]