State ex rel. Carter v. Cuyahoga Cty. Court of Common Pleas.

[Cite as State ex rel. Carter v. Cuyahoga Cty. Court of Common Pleas., 2016-Ohio-3328.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 104086
STATE OF OHIO, EX REL.
DARNELL F. CARTER
RELATOR
vs.
CUYAHOGA COUNTY
COURT OF COMMON PLEAS, ET AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 494908
Order No. 496561
RELEASE DATE: June 8, 2016
FOR RELATOR
Darnell F. Carter
Inmate No. 660778
Belmont Correctional Institution
65518 Bannock Road, P.O. Box 540
Saint Clairsville, Ohio 43950
ATTORNEYS FOR RESPONDENTS
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
FRANK D. CELEBREZZE, JR., J.:
{¶1} Darnell F. Carter has filed a petition for writ of mandamus. Carter seeks
an order from this court requiring respondents Judge Astrab and the common pleas court
to issue findings of fact and conclusions of law regarding the denial of the motion for
postconviction relief that Carter filed on March 12, 2015, in Cuyahoga C.P. Nos.
CR-14-582508-A, CR-14-583209-A, CR-14-583775-A, and CR-14-585343-A.
Respondents have filed a motion for summary judgment indicating that the petition is
moot because findings of fact and conclusions of law were filed in these cases on March
29, 2016. Respondents have provided copies of these orders in support of the motion for
summary judgment. The motion for summary judgment is granted.
{¶2} Respondent Judge Astrab has performed the act that is sought to be
compelled by this original action; therefore the petition is moot. State ex rel. Culgan v.
Kimbler, 132 Ohio St. 3d 480, 2012-Ohio-3310, 974 N.E.2d 88 (a writ of mandamus will
not issue to compel an act already performed); see also State ex rel. Pettway v. Cuyahoga
Cty. Court of Common Pleas, 8th Dist. Cuyahoga No. 99259, 2013-Ohio-1567, ¶ 2.
{¶3} Respondents’ motion for summary judgment is granted, and Carter’s
petition for a writ of mandamus is denied. Relator to pay costs. Costs waived. The
court directs the clerk of courts to serve all parties with notice of this judgment and its
date of entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied.
FRANK D. CELEBREZZE, JR., JUDGE
SEAN C. GALLAGHER, P.J., and
TIM McCORMACK, J., CONCUR