State ex rel. Evans v. Fink ( 2011 )

[Cite as State ex rel. Evans v. Fink, 2011-Ohio-2804.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 96692
STATE OF OHIO, EX REL.
CARL W. EVANS
RELATOR
vs.
EDWARD J. FINK, MAGISTRATE, ET AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Prohibition/Mandamus
Motion No. 444838
Order No. 444904
RELEASE DATE: June 8, 2011
FOR RELATOR
Carl W. Evans, pro se
#583-793
Marion Correctional Institution
P.O. Box 57
Marion, Ohio 43301
ATTORNEYS FOR RESPONDENTS
Timothy G. Dobeck
Law Director/Chief Prosecutor
City of Parma
6611 Ridge Road
Parma, OH 44129
Bruce M. Courey
Assistant Law Director
City of Parma
6611 Ridge Road
Parma, OH 44129
SEAN C. GALLAGHER, J.:
{¶ 1} Carl W. Evans, the relator, has filed a complaint for a writ of
prohibition and/or mandamus. Evan seeks an order from this court that
requires the Parma Municipal Court and Edward J. Fink, Magistrate, the
respondents, to dismiss and/or prohibit the adjudication of the traffic offenses
of driving under financial responsibility law suspension or cancellation (R.C.
4510.16), speeding (R.C. 4511.21(C)), and reckless operation (R.C. 4511.20) as
charged in City of Parma v. Evans, Parma Municipal Court Case No.
10TRD01870.
{¶ 2} Sua sponte, we decline to issue an extraordinary writ on behalf of
Evans. On May 19, 2011, the Parma Municipal Court and Edward J. Fink
jointly filed a “notice of dismissal entry,” which demonstrates that the traffic
offenses, as charged in City of Parma v. Evans, supra, were dismissed on May
10, 2011. Evans’s complaint for a writ of prohibition and/or mandamus is
moot. State v. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio
St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman
(1983), 6 Ohio St.3d 5, 450 N.E.2d 1163.
{¶ 3} Costs are awarded to the Parma Municipal Court and Edward J.
Fink. Upon further consideration, costs are ordered waived. It is further
ordered that the Clerk of the Eighth District Court of Appeals serve notice of
this judgment upon all parties as required by Civ.R. 58(B).
Writ denied.
SEAN C. GALLAGHER, JUDGE
PATRICIA ANN BLACKMON, P.J., and
KATHLEEN ANN KEOUGH, J., CONCUR