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

[Cite as State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas, 2012-Ohio-1971.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98045
STATE OF OHIO, EX REL.,
TIMOTHY PETTWAY
RELATOR
vs.
CUYAHOGA COUNTY COURT
OF COMMON PLEAS, ET AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 453669
Order No. 453923
RELEASE DATE: April 30, 2012
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FOR RELATOR
Timothy Pettway, pro se
Inmate #550-655
Toledo Correctional Institution
2001 East Central Avenue
Toledo, Ohio 43608
FOR RESPONDENTS
William D. Mason
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant Prosecuting Attorney
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
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LARRY A. JONES, SR., J.:
{¶1} Timothy Pettway has filed a complaint for a writ of procedendo. Pettway
seeks an order from this court, which requires that the Cuyahoga County Court of
Common Pleas and Judge Kenneth R. Callahan, the Respondents, to render a ruling with
regard to a motion for new trial as filed on March 10, 2009, in State v. Pettway, Cuyahoga
County Court of Common Pleas Case No. 498474.
{¶2} Attached to the motion for summary judgment, filed by the Respondents, is a
copy of an entry journalized on March 14, 2012, which demonstrates that a ruling has
been entered with regard to Pettway’s motion for new trial. In addition, a ruling has been
rendered with regard to his motion to vacate sentencing. Pettway’s request for a writ of
procedendo is moot. State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514,
2008-Ohio-1431, 885 N.E.2d 220; State ex rel. Jerninghan v. Cuyahoga Cty. Court of
Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 648 N.E.2d 723.
{¶3} Accordingly, we grant Respondents’ motion for summary judgment. Cost to
be paid by Respondents. The court directs the Clerk of Court to serve notice of this
judgment and its date of entry upon all parties as required by Civ.R. 58(B).
{¶4} Writ denied.
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LARRY A. JONES, SR., JUDGE
JAMES J. SWEENEY, P.J., and
COLLEEN CONWAY COONEY, J., CONCUR