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State ex rel. McCuller v. Calabrese
[Cite as State ex rel. McCuller v. Calabrese, 2013-Ohio-590.]
Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION No. 98828
STATE OF OHIO EX REL, CHARLES D. McCULLER RELATOR
vs.
JUDGE DEENA R. CALABRESE RESPONDENT
JUDGMENT: WRIT DENIED
Writ of Procedendo Motion No. 458559 Order No. 462221
RELEASED DATE: February 15, 2013 -i-
FOR RELATOR
Charles D. McCuller, Pro Se Inmate #482-821 Grafton Correctional Inst. 2500 S. Avon Beldon Road Grafton, Ohio 44044
FOR RESPONDENTS
Timothy J. McGinty Cuyahoga County Prosecutor
By: James E. Moss Assistant county Prosecutor 9th Floor, Justice Center 1200 Ontario Street Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, J.:
{¶1} Charles D. McCuller, the relator, has filed a complaint for a writ of procedendo. McCuller seeks an order from this court which requires Judge Deena R. Calabrese, the respondent, to render rulings with regard to three “motion[s] to vacate void sentence” that are pending in State v. McCuller, Cuyahoga C.P. Case Nos. CR-79-48254, CR-79-48919, and CR-79-52011. McCuller’s request for a writ of procedendo is moot.
{¶2} Attached to Judge Calabrese’s motion for summary judgment are three judgment entries, each journalized on September 11, 2012, that demonstrate rulings have been rendered with regard to each pending motion to vacate void sentence. Thus, Judge Calabrese has proceeded to judgment and McCuller’s request for a writ of 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. Howard v. Doneghy, 102 Ohio St.3d 355, 2004-Ohio-3207, 810 N.E.2d 958, ¶ 6, quoting State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663.
{¶3} Accordingly, we grant Judge Calabrese’s motion for summary judgment. McCuller to pay costs. Cost ordered 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.
PATRICIA ANN BLACKMON, PRESIDING JUDGE
MELODY J. STEWART, A.J., and EILEEN A. GALLAGHER, J., CONCUR