State ex rel. Keith v. Russo ( 2014 )

[Cite as State ex rel. Keith v. Russo, 2014-Ohio-5346.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101901
STATE OF OHIO, EX REL.
JEFFREY C. KEITH
RELATOR
vs.
JUDGE JOSEPH D. RUSSO
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 479123
Order No. 479813
RELEASED DATE: December 2, 2014
-i-
FOR RELATOR
Jeffrey C. Keith, pro se
Inmate #334-054
Marion Correctional Institution
P.O. Box 57
Marion, Ohio 43301
ATTORNEY FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, J.:
{¶1} Jeffrey Keith has filed a complaint for a writ of mandamus. Keith seeks an order
from this court that requires Judge Joseph D. Russo to grant motions to vacate void judgments
that were filed on the following cases: State v. Keith, Cuyahoga C.P. No. CR-94-316724-ZA;
State v. Keith, Cuyahoga C.P. No. CR-96-333972-ZA; and State v. Keith, Cuyahoga C.P. No.
CR-97-350831-ZA.
{¶2} Attached to Judge Russo’s motion for summary judgment are copies of judgment
entries in each case that were journalized on October 8, 2014. Respondent has demonstrated that
rulings have been rendered with regard to each motion. Keith is not entitled to a writ of
mandamus because it is moot. State ex rel. Culgan v. Kimbler, 132 Ohio St.3d 480,
2012-Ohio-3310, 974 N.E.2d 88 (a writ of mandamus will not be issued to compel an act already
performed); see also State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas, 8th Dist.
Cuyahoga No. 99259, 2013-Ohio-1567, ¶ 2. Although Keith sought a writ of mandamus that
would compel respondent to grant the motions, he is not entitled to this relief. Mandamus will not
be issued to compel respondent judge to enter a specific judgment on a motion. State ex rel. Avery
v. Union Cty. Court of Common Pleas, 125 Ohio St.3d 35, 2010-Ohio-1427, 925 N.E.2d 969.
{¶3} Judge Russo’s motion for summary judgment is granted. Costs to respondent.
Costs waived. The court directs the clerk of courts 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, JUDGE
MARY EILEEN KILBANE, P.J., and
MELODY J. STEWART, J., CONCUR