State ex rel. Bandy v. Villanueva

[Cite as State ex rel. Bandy v. Villanueva, 2012-Ohio-1551.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION

No. 97870

STATE OF OHIO, EX REL.,

WILLIE BANDY

RELATOR vs.

JUDGE JOSE VILLANUEVA

RESPONDENT

JUDGMENT: WRIT DENIED Writ of Mandamus Motion Nos. 452029, 452313, 452332, and 452333 Order No. 453717

RELEASE DATE: April 3, 2012

FOR RELATOR Willie Bandy, pro se Inmate No. 431-465 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, OH 44044 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., P.J.:

{¶1} Relator, Willie Bandy, requests that this court compel respondent judge to rule on twelve motions in State v. Bandy, Cuyahoga County Court of Common Pleas Case No. CR-417888.

{¶2} Respondent filed a motion to dismiss attached to which is a copy of a journal entry issued by respondent and received for filing by the clerk on February 3, 2012 in which respondent disposed of all twelve motions. Previously, this court granted respondent’s motion to convert the motion to dismiss to a motion for summary judgment. Relator has not opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree.

{¶3} Accordingly, respondent’s motion to dismiss, which we converted to a motion for summary judgment, is granted. Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).

Writ denied.

FRANK D. CELEBREZZE, JR., J., PRESIDING JUDGE JAMES J. SWEENEY, J., and KENNETH A. ROCCO, J., CONCUR