State ex rel. Cotton v. Russo , 2014 Ohio 4482 ( 2014 )

[Cite as State ex rel. Cotton v. Russo, 2014-Ohio-4482.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101744
STATE EX REL., MILTON COTTON
RELATOR
vs.
JUDGE JOHN J. RUSSO
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Order No. 478797
Motion No. 477820
RELEASE DATE: October 3, 2014
FOR RELATOR
Milton Cotton
A234-317
Grafton Correctional Institution
2500 South Avon-Belden Road
Grafton, OH 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, OH 44113
TIM McCORMACK, J.:
{¶1} Milton Cotton, relator, has petitioned this court to issue a writ of mandamus
to compel the trial court to rule on his motions to correct void sentence filed on April 17,
2014, and May 12, 2014, in State v. Cotton, Cuyahoga C.P. No. CR-92-281730.
Respondent has filed a motion for summary judgment that Cotton has not opposed. For
the reasons that follow, we grant respondent’s motion for summary judgment and deny
relator’s complaint because it is moot.
{¶2} Respondent’s motion for summary judgment attached a copy of the trial
court’s entry that was journalized on August 21, 2014, which demonstrates that a ruling
has been rendered with regard to relator’s motions. “[R]elief is unwarranted because
mandamus and procedendo 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.
{¶3} Accordingly, we grant respondent’s motion for summary judgment and deny
relator’s complaint for writ of mandamus. Costs are assessed against relator but are
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.
__________________________________________
TIM McCORMACK, JUDGE
KATHLEEN ANN KEOUGH, P.J., and
MELODY J. STEWART, J., CONCUR