State ex rel. Cummings v. Corrigan ( 2024 )

[Cite as State ex rel. Cummings v. Corrigan, 2024-Ohio-668.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE EX REL., KENSHAWN
CUMMINGS, :
Relator, :
No. 113563
v. :
JUDGE PETER J. CORRIGAN, :
Respondent. :
JOURNAL ENTRY AND OPINION
JUDGMENT: COMPLAINT DISMISSED
DATED: February 16, 2024
Writ of Procedendo
Order No. 572105
Appearances:
Kenshawn Cummings, pro se.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and James E. Moss, Assistant Prosecuting
Attorney, for respondent.
SEAN C. GALLAGHER, J.:
On January 17, 2024, the relator, Kenshawn Cummings, commenced
this procedendo action against the respondent, Judge Peter J. Corrigan, to compel
the judge to rule on his postconviction-relief petition, which he filed on
November 22, 2022, in the underlying cases, State v. Cummings, Cuyahoga C.P.
Nos. CR-16-607962 and CR-16-608614. A review of the docket in those underlying
cases shows that on February 13, 2024, the respondent judge issued a nine-page
journal entry, constituting findings of fact and conclusions of law, that denied
Cummings’s postconviction relief petitions in each case. This journal entry
establishes that the respondent judge has proceeded to judgment on the subject
motion and that this procedendo action is moot.
Accordingly, this court sua sponte dismisses Cummings’s procedendo
action as moot. Respondent to pay costs; costs waived. This court directs the clerk
of courts to serve all parties notice of the judgment and its date of entry upon the
journal as required by Civ.R. 58(B).
Complaint dismissed.
______________________
SEAN C. GALLAGHER, JUDGE
MARY EILEEN KILBANE, P.J., and
MARY J. BOYLE, J., CONCUR