State ex rel. Alexander v. Bell , 2023 Ohio 1285 ( 2023 )

[Cite as State ex rel. Alexander v. Bell, 2023-Ohio-1285.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE EX REL. DANTEZ D. :
ALEXANDER,
:
Relator, No. 112499
:
v.
RICHARD A. BELL, :
Respondent. :
JOURNAL ENTRY AND OPINION
JUDGMENT: WRIT DENIED
DATED: April 18, 2023
Writ of Procedendo
Motion No. 563193
Order No. 563244
Appearances:
Dantez D. Alexander, pro se
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney and James E. Moss, Assistant Prosecuting
Attorney, for respondent.
EMANUELLA D. GROVES, J.:
Dantez Alexander, the relator, has filed a complaint for a writ of
procedendo. Alexander seeks an order from this court that compels Judge Richard
A. Bell, the respondent, to render rulings with regard to motions to vacate the
sentences imposed in State v. Alexander, Cuyahoga C.P. Nos. CR-16-602710-A and
CR-18-627825-A. Judge Bell has filed a motion for summary judgment that is
granted.
Attached to the motion for summary judgment is a copy of a judgment
entry, journalized March 22, 2023, which demonstrates that Judge Bell has denied
Alexander’s motions to vacate sentence. Relief is unwarranted because the request
for a writ of procedendo is moot. Procedendo will not compel the performance of a
duty that has already been performed. State ex rel. Ames v. Pokorny, 164 Ohio St.3d
538, 2021-Ohio-2070, 173 N.E.3d 1208; Thompson v. Donnelly, 155 Ohio St.3d 184,
2018-Ohio-4073, 119 N.E.3d 1292; State ex rel. S.Y.C. v. Floyd, 8th Dist. Cuyahoga
No. 109602, 2020-Ohio-5189.
It must also be noted that Alexander possesses an adequate remedy in
the ordinary course of the law through a timely appeal of Judge Bell’s denial of the
motions to vacate. State ex rel. Peoples v. Johnson, 152 Ohio St.3d 418, 2017-Ohio-
9140, 97 N.E.3d 426; State ex rel. Luoma v. Russo, 141 Ohio St.3d 53, 2014-Ohio-
4532, 21 N.E.3d 305.
Accordingly, we grant Judge Bell’s motion for summary judgment.
Costs to Judge Bell; costs waived. The court directs the clerk of courts to serve all
parties with notice of this judgment and the date of entry upon the journal as
required by Civ.R. 58(B).
Writ denied.
_________________________
EMANUELLA D. GROVES, JUDGE
EILEEN A. GALLAGHER, P.J., and
MARY J. BOYLE, J., CONCUR