State ex rel. Young v. Gall

[Cite as State ex rel. Young v. Gall, 2014-Ohio-1441.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION

No. 100919 STATE EX REL., EVANGELIST A. YOUNG

RELATOR vs.

CUYAHOGA COUNTY COURT JUDGE

STEVEN GALL

RESPONDENT JUDGMENT:

WRIT DENIED Writ of Procedendo Motion No. 472246 Order No. 473382

RELEASE DATE: April 1, 2014

RELATOR Evangelist A. Young, pro se Inmate Number 620-161 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, Ohio 44044 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 9th Floor, Justice Center 1200 Ontario Street Cleveland, Ohio 44113 KATHLEEN ANN KEOUGH, J.:

{¶1} Evangelist A. Young (“Young”) has filed a complaint for writ of procedendo. Young seeks an order from this court that requires Judge Steven Gall to rule on motions he filed in Cuyahoga C.P. Nos. CR-11-553117-A and CR-11-552705. Judge Gall has moved for summary judgment, which we grant because the complaint is moot.

{¶2} Young seeks to compel a ruling on a motion for jail-time credit that he alleges was filed on October 31, 2013. Young filed motions for jail-time credit in case number CR-11-552705 on November 5, 2013, and March 5, 2014. The court issued orders granting Young jail-time credit in that case on January 29, 2014, and March 10, 2014. In CR-11-553117-A, Young filed a motion for jail-time credit on November 6, 2013, and the court issued an order granting Young jail time credit in that case on January 29, 2014.

{¶3} Young is not entitled to a writ of procedendo because respondent has already ruled on the motions. “A writ of procedendo will not issue to compel the performance of a duty that has already been performed.” State ex rel. Roberts v. Marsh, Ohio St.3d , 2014-Ohio-106, ¶ 6, citing State ex rel. Grove v. Nadel, 84 Ohio St.3d 252, 253, 1998-Ohio-541, 703 N.E.2d 304 (1998)

{¶4} Judge Gall’s motion for summary judgment is granted, and Young’s complaint for a writ of procedendo is denied. Relator 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).

{¶5} Writ denied.

KATHLEEN ANN KEOUGH, JUDGE KENNETH A. ROCCO, P.J., and TIM McCORMACK, J., CONCUR