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

[Cite as State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas, 2013-Ohio-1456.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99011
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. 460161
Order No. 463466
RELEASE DATE: April 5, 2013
FOR RELATOR
Timothy Pettway, Pro se
Inmate #550-655
Toledo Correctional Institution
2001 E. Central Avenue
Toledo, Ohio 43608
ATTORNEYS FOR RESPONDENTS
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant Prosecuting Attorney
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
LARRY A. JONES, SR., J.:
{¶1} Timothy Pettway has filed a complaint for a writ of procedendo. Pettway
seeks an order from this court that requires Judge Deena Calabrese and the Cuyahoga
County Court of Common Pleas to render a ruling with regard to a petition for
postconviction relief filed in State v. Pettway, Cuyahoga C.P. No. CR-498474.
{¶2} Attached to a motion for summary judgment, filed by Judge Calabrese and
the Cuyahoga County Court of Common Pleas, is a copy of a judgment entry, journalized
on November 2, 2012, which demonstrates that a ruling, accompanied by findings of fact
and conclusions of law, has been rendered with regard to Pettway’s petition for
postconviction relief. Thus, Pettway’s complaint for a writ of procedendo is moot.
State v. Jerninghan, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel.
Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, we grant the motion for summary judgment. Judge Calabrese
and the Cuyahoga County Court of Common Pleas to pay costs. Costs waived. The
court directs the clerk of court 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.
LARRY A. JONES, SR., JUDGE
MELODY J. STEWART, A.J., and
SEAN C. GALLAGHER, J., CONCUR