State ex rel. Soverns v. Synenberg

[Cite as State ex rel. Soverns v. Synenberg, 2014-Ohio-1442.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100991
S/O EX REL., CURTIS D. SOVERNS
RELATOR
vs.
JUDGE JOAN SYNENBERG
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Order No. 473396
Motion No. 473078
RELEASE DATE: April 2, 2014
[Cite as State ex rel. Soverns v. Synenberg, 2014-Ohio-1442.]
FOR RELATOR
Curtis D. Soverns, pro se
Inmate No. 514-355
Lorain Correctional Institution
2075 S. Avon-Belden Rd.
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
[Cite as State ex rel. Soverns v. Synenberg, 2014-Ohio-1442.]
TIM McCORMACK, J.:
{¶1} Curtis D. Soverns has filed a complaint for a “writ of mandamus and/or
procedendo in accordance with R.C. 2731.01.” Soverns seeks an order from this court that
requires Judge Joan Synenberg to render a ruling with regard to a motion to withdraw plea of
guilty filed in State v. Soverns, Cuyahoga C.P. No. CR-482687. We decline to issue a writ
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mandamus and/or procedendo on behalf of Soverns.
{¶2} Attached to Judge Synenberg’s motion for summary judgment is a copy of a
judgment, journalized on March 13, 2014, which demonstrates that a ruling has been issued
with regard to the motion to withdraw plea of guilty. Judge Synenberg has discharged her
duty to rule on the pending motion. Thus, Soverns’s request for a writ of mandamus and/or
procedendo is moot. State ex rel. Fontanella v. Kantos, 117 Ohio St.3d 514,
2008-Ohio-1431, 885 N.E.2d 220; State ex rel. Reynolds v. Basinger, 99 Ohio St.3d 303,
2003-Ohio-3631, 791 N.E.2d 459.
{¶3} Accordingly, we grant Judge Synenberg’s motion for summary judgment.
Costs to Judge Synenberg. Costs waived. The court directs the clerk of court to serve all
parties with notice of this judgment and the date of entry upon the journal as required by
Civ.R. 58(B).
Pursuant to Civ.R. 25(D)(1), Judge Joan Synenberg is substituted for Judge Eileen T.
1
Gallagher, the judge that was originally assigned to the underlying case.
[Cite as State ex rel. Soverns v. Synenberg, 2014-Ohio-1442.]
{¶4} Writ denied.
__________________________________________
TIM McCORMACK, JUDGE
SEAN C. GALLAGHER, P.J., and
MELODY J. STEWART, J., CONCUR
[Cite as State ex rel. Soverns v. Synenberg, 2014-Ohio-1442.]