State ex rel. Henderson v. Gallagher ( 2024 )

[Cite as State ex rel. Henderson v. Gallagher, 2024-Ohio-1596.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE EX REL., RONALD E. :
HENDERSON,
Relator, No. 113694
:
v.
:
JUDGE KELLY ANN GALLAGHER,
Respondent. :
JOURNAL ENTRY AND OPINION
JUDGMENT: WRIT DISMISSED
DATED: April 24, 2024
Writ of Procedendo
Motion No. 572914
Order No. 573451
Appearances:
Ronald E. Henderson, pro se.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Regina A. Russo, Assistant Prosecuting
Attorney, for respondent.
EMANUELLA D. GROVES, J.:
On March 4, 2024, the relator, Ronald Henderson, commenced this
procedendo action against the respondent, Judge Kelly Ann Gallagher, to compel
the judge to rule on Henderson’s November 6, 2023, motion to vacate the denial of
his motion for default judgment, which he filed in the underlying case, Henderson
v. Jacobs, Cuyahoga C.P. No. CV-23-973448. On March 14, 2024, the respondent
moved to dismiss on the grounds of mootness. Attached to the dispositive motion
was a copy of certified journal entry, file stamped March 7, 2024, in the underlying
case, denying the subject motion. This journal entry establishes that Henderson has
received his requested relief, a ruling on his motion, and that this procedendo action
is moot. Henderson never filed a response to the motion to dismiss. Instead, on
March 27, 2024, Henderson appealed the denial of his motion to vacate. Henderson
v. Jacobs, 8th Dist. Cuyahoga No. 113769.
Accordingly, the court grants the respondent’s motion to dismiss and
dismisses the writ. Each side to bear its own costs. 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 dismissed.
EMANUELLA D. GROVES, JUDGE
LISA B. FORBES, P.J., and
MICHAEL JOHN RYAN, J., CONCUR