State ex rel. Harris v. McCormick

[Cite as State ex rel. Harris v. McCormick, 2022-Ohio-2961.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE EX REL., DWAYNE HARRIS, :
Relator, :
No. 111751
v. :
JUDGE TIMOTHY McCORMICK, :
Respondent. :
JOURNAL ENTRY AND OPINION
JUDGMENT: WRIT DENIED
DATED: August 22, 2022
Writ of Procedendo
Motion No. 557211
Order No. 557455
Appearances:
Dwayne Harris, pro se.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and James E. Moss, Assistant Prosecuting
Attorney, for respondent.
ANITA LASTER MAYS, P.J.:
Dwayne Harris, the relator, has filed a complaint for a writ of
procedendo. Harris seeks an order from this court that compels Judge Timothy
McCormick, the respondent, to render a ruling with regard to a “motion for public
records requests” filed in State v. Harris, Cuyahoga C.P. No. CR-89-236656-ZA on
March 2, 2022. Judge McCormick has filed a motion for summary judgment that is
granted.
Attached to the motion for summary judgment is a copy of a judgment
entry, journalized August 3, 2022, that demonstrates Judge McCormick has denied
Harris’s motion for public records. Relief is unwarranted because the request for a
writ of procedendo is moot. Procedendo will not compel the performance of a duty
that has already been performed. State ex rel. Ames v. Pokorny, 164 Ohio St.3d 538,
2021-Ohio-2070, 173 N.E.3d 1208; Thompson v. Donnelly, 155 Ohio St.3d 184,
2018-Ohio-4073, 119 N.E.3d 1292; State ex rel. S.Y.C. v. Floyd, 8th Dist. Cuyahoga
No. 109602, 2020-Ohio-5189.
Accordingly, we grant Judge McCormick’s motion for summary
judgment. Costs waived. The court directs the clerk of courts to serve all parties
with notice of this judgment and the date of entry upon the journal as required by
Civ.R. 58(B).
Writ denied.
________________________________
ANITA LASTER MAYS, PRESIDING JUDGE
EILEEN T. GALLAGHER, J., and
EMANUELLA D. GROVES, J., CONCUR