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State ex rel. Williams v. Sutula
[Cite as State ex rel. Williams v. Sutula, 2012-Ohio-5704.]
Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION No. 98827
STATE OF OHIO EX REL. WILLIS F. WILLIAMS
RELATOR
vs.
HONORABLE JOHN D. SUTULA
RESPONDENT
JUDGMENT: WRIT DENIED
Writ of Procedendo Motion No. 459576 Order No. 460140
RELEASE DATE: November 30, 2012 FOR RELATOR
Willis F. Williams, pro se Inmate No. 155-394 Richland Correctional Institution P.O. Box 8107 Mansfield, Ohio 44901
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
MARY J. BOYLE, J.:
{¶1} Willis F. Williams has filed a complaint for a writ of procedendo. Williams seeks an order from this court that requires Judge John D. Sutula to render rulings with regard to a “motion for leave to file delayed motion for new trial pursuant to Ohio Criminal Rule 33(B)” and a “motion for leave to file supplemental authority and to supplement the record instanter” as filed in State v. Williams, Cuyahoga C.P. No. CR-048025. Judge Sutula has filed a motion for summary judgment, which is granted.
{¶2} Williams’s request for a writ of procedendo is moot. Attached to the motion for summary judgment is a copy of a judgment entry, as journalized on October 17, 2012, which demonstrates that Williams’s “motion for leave to file delayed motion for new trial pursuant to Ohio Criminal Rule 33(B)” and a “motion for leave to file supplemental authority and to supplement the record instanter” were denied. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Snider v. Stapleton, 65 Ohio St.3d 40, 600 N.E.2d 240 (1992); State ex rel. Richard v. Wells, 64 Ohio St.3d 76, 591 N.E.2d 1240 (1992); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, we grant the motion for summary judgment. Judge Sutula to pay costs. Costs ordered waived. The court directs the clerk of the 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.
____________________________________ MARY J. BOYLE, JUDGE
PATRICIA ANN BLACKMON, A.J., and COLLEEN CONWAY COONEY, J., CONCUR