[Cite as State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas,

.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99259

STATE, EX REL. TIMOTHY PETTWAY RELATOR

vs.

CUYAHOGA COUNTY COURT OF COMMON PLEAS, ET AL. RESPONDENTS

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 461141 Order No. 463486

RELEASE DATE: April 16, 2013 FOR RELATOR

Timothy Pettway No. 550655 Toledo Correctional Institution P.O. Box 80033 2001 East Central Avenue Toledo, Ohio 43608

ATTORNEYS FOR RESPONDENTS

Timothy J. McGinty, Esq. Cuyahoga County Prosecutor By: James E. Moss, Esq. Assistant County Prosecutor 9th Floor, Justice Center 1200 Ontario Street Cleveland, Ohio 44113 KATHLEEN ANN KEOUGH, J.:

{¶1} Timothy Pettway has filed a complaint for a writ of procedendo. Pettway

seeks an order from this court, that requires Judge Deena Calabrese and the Cuyahoga

County Court of Common Pleas to render a ruling with regard to a “motion to vacate void

judgment” as filed in State v. Pettway, Cuyahoga C.P. No. CR-498474.

{¶2} Attached to the motion for summary judgment filed by Judge Calabrese and

the Cuyahoga County Court of Common Pleas, is a copy of a judgment entry, journalized

on December 19, 2012, which demonstrates that a ruling has been rendered with regard to

Pettway’s motion to vacate void judgment. Thus, Pettway’s complaint for a writ of

procedendo is moot. State v. Jerninghan,

,

,

; State ex rel. Gantt v. Coleman,

,

(1983).

{¶3} Accordingly, we grant the motion for summary judgment. Judge Calabrese

and the Cuyahoga County Court of Common Pleas 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).

{¶4} Writ denied.

KATHLEEN ANN KEOUGH, JUDGE

KENNETH A. ROCCO, P.J., and MARY EILEEN KILBANE, J., CONCUR