State ex. rel. Belle v. Cuyahoga Cty. Court of Common Pleas , 2023 Ohio 1378 ( 2023 )

[Cite as State ex. rel. Belle v. Cuyahoga Cty. Court of Common Pleas, 2023-Ohio-1378.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO EX REL.,
STACEY BELLE, :
Relator, :
No. 112345
v. :
CUYAHOGA COUNTY COURT OF :
COMMON PLEAS, ET AL.,
Respondent. :
JOURNAL ENTRY AND OPINION
JUDGMENT: WRIT DENIED
RELEASED AND JOURNALIZED: April 25, 2023
Writ of Procedendo
Motion No. 562111
Order No. 563821
Appearances:
Stacey Belle, pro se.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and James E. Moss, Assistant Prosecuting
Attorney, for respondent.
ANITA LASTER MAYS, A.J.:
On January 23, 2023, the relator, Stacey Belle, commenced this
procedendo action against the respondents, the Cuyahoga County Common Pleas
Court and Judge Shannon Gallagher, to compel them to rule on his postconviction-
relief petition that he filed on May 17, 2019, in the underlying cases, State v. Belle,
Cuyahoga C.P. Nos. CR-17-617407-A and CR-17-614505-A. On February 16, 2023,
the respondents moved for summary judgment on the grounds of mootness.
Attached to the dispositive motion was a copy of certified journal entry, filestamped
February 14, 2023, in the underlying case, denying Belle’s postconviction-relief
petition. This journal entry establishes that Belle has received his requested relief,
a ruling on his petition, and that this procedendo action is moot. Belle never filed a
response to the motion for summary judgment.
Accordingly, the court grants the respondent’s motion for summary
judgment and denies the writ. Costs assessed against respondent. The clerk is
directed to serve upon the parties notice of this judgment and its date of entry upon
the journal. Civ.R. 58(B).
Writ denied.
_____________________________________
ANITA LASTER MAYS, ADMINISTRATIVE JUDGE
FRANK DANIEL CELEBREZZE, III, J., and
MARY J. BOYLE, J., CONCUR