State ex rel. Beckwith v. Russo , 2017 Ohio 8665 ( 2017 )

[Cite as State ex rel. Beckwith v. Russo, 2017-Ohio-8665.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 106318
STATE OF OHIO, EX REL.
RONALD BECKWITH
RELATOR
vs.
COMMON PLEAS COURT
JUDGE NANCY MARGARET RUSSO
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 511316
Order No. 511726
RELEASE DATE: November 17, 2017
FOR RELATOR
Ronald Beckwith, pro se
Inmate No. A663562
Richland Correctional Institution
P.O. Box 8107
Mansfield, Ohio 44901
ATTORNEYS FOR RESPONDENT
Michael C. O’Malley
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
FRANK D. CELEBREZZE, JR., J.:
{¶1} Ronald Beckwith has filed a complaint for a writ of mandamus through
which he seeks an order that requires Judge Nancy Margaret Russo to render a judgment
and issue findings of fact and conclusions of law with regard to a petition for
postconviction relief, filed in State v. Beckwith, Cuyahoga C.P. No. CR-14-585247.
Judge Russo has filed a motion for summary judgment that is granted.
{¶2} Attached to Judge Russo’s motion for summary judgment is a copy of a
judgment entry, journalized on October 10, 2017, which demonstrates that Judge Russo
has rendered a ruling with regard to Beckwith’s petition for postconviction relief. Thus,
Beckwith’s request for a writ of mandamus is moot. “[R]elief is unwarranted because
mandamus * * * will not compel the performance of a duty that has already been
performed.” State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio
St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49, ¶ 4. In addition, mandamus may not be
employed to control judicial discretion and compel Judge Russo to grant Beckwith’s
petition for postconviction relief. Thompson v. State, 8th Dist. Cuyahoga No. 99265,
2013-Ohio-1907.
{¶3} Accordingly, we grant Judge Russo’s motion for summary judgment. Costs
waived. The court directs the clerk of courts to serve all parties with notice of this
judgment and the date of its entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied.
FRANK D. CELEBREZZE, JR., JUDGE
ANITA LASTER MAYS, P.J., and
EILEEN A. GALLAGHER, J., CONCUR