Ohio Court of Appeals, 2013

State ex rel. Dudley

State ex rel. Dudley
Ohio Court of Appeals · Decided June 28, 2013 · Celebrezze
2013 Ohio 2920

State ex rel. Dudley

Opinion

[Cite as State ex rel. Dudley, 2013-Ohio-2920.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99828

STATE OF OHIO, EX REL.

EDDIE DUDLEY RELATOR vs. JUDGE BRENDAN J. SHEEHAN RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 464840 Order No. 465708

RELEASE DATE: June 28, 2013 FOR RELATOR Eddie Dudley Inmate No. 582-483 Lorain Correctional Institution 2075 South Avon-Belden Road Grafton, Ohio 44044

ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.: {¶1} On April 25, 2013, the relator, Eddie Dudley, commenced this mandamus action against the respondent, Judge Brendan J. Sheehan, to compel him to rule on Dudley’s motions for a monthly installment plan, filed on December 14, 2012, in the underlying cases, State v. Dudley, Cuyahoga C.P. Nos. CR-500587, CR-500881, CR-530921, and CR-532408. On May 9, 2013, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion were certified copies of April 29, 2013 journal entries denying Dudley’s subject motions in each of the underlying cases. Dudley did not oppose the summary judgment motion. The journal entries establish that Dudley has received his requested relief, rulings on his motions.

This action is therefore moot.

{¶2} Accordingly, the court grants the respondent’s motion for summary judgment and denies the application for a writ of mandamus. Respondent to pay costs; costs waived. 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).

{¶3} Writ denied.

FRANK D. CELEBREZZE, JR., JUDGE MELODY J. STEWART, A.J., and SEAN C. GALLAGHER, J., CONCUR

Case-law data current through December 31, 2025. Source: CourtListener bulk data.