State ex rel. Young v. Gall

[Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100919
STATE EX REL., EVANGELIST A. YOUNG
RELATOR
vs.
CUYAHOGA COUNTY COURT JUDGE
STEVEN GALL
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 472246
Order No. 473382
RELEASE DATE: April 1, 2014
[Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]
RELATOR
Evangelist A. Young, pro se
Inmate Number 620-161
Grafton Correctional Institution
2500 South Avon Belden Road
Grafton, Ohio 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, Ohio 44113
[Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]
KATHLEEN ANN KEOUGH, J.:
{¶1} Evangelist A. Young (“Young”) has filed a complaint for writ of
procedendo. Young seeks an order from this court that requires Judge Steven
Gall to rule on motions he filed in Cuyahoga C.P. Nos. CR-11-553117-A and
CR-11-552705. Judge Gall has moved for summary judgment, which we
grant because the complaint is moot.
{¶2} Young seeks to compel a ruling on a motion for jail-time credit
that he alleges was filed on October 31, 2013. Young filed motions for
jail-time credit in case number CR-11-552705 on November 5, 2013, and
March 5, 2014. The court issued orders granting Young jail-time credit in
that case on January 29, 2014, and March 10, 2014. In CR-11-553117-A,
Young filed a motion for jail-time credit on November 6, 2013, and the court
issued an order granting Young jail time credit in that case on January 29,
2014.
{¶3} Young is not entitled to a writ of procedendo because respondent
has already ruled on the motions. “A writ of procedendo will not issue to
compel the performance of a duty that has already been performed.” State ex
rel. Roberts v. Marsh, Ohio St.3d , 2014-Ohio-106, ¶ 6, citing
State ex rel. Grove v. Nadel, 84 Ohio St.3d 252, 253, 1998-Ohio-541, 703
N.E.2d 304 (1998)
[Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]
{¶4} Judge Gall’s motion for summary judgment is granted, and
Young’s complaint for a writ of procedendo is denied. Relator 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).
{¶5} Writ denied.
KATHLEEN ANN KEOUGH, JUDGE
KENNETH A. ROCCO, P.J., and
TIM McCORMACK, J., CONCUR
[Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]