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

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 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.

LARRY A. JONES, SR., JUDGE JAMES J. SWEENEY, P.J., and COLLEEN CONWAY COONEY, J., CONCUR