[Cite as State ex rel. Priest v. Jackson,

.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100390

STATE OF OHIO EX REL., MYRON PRIEST RELATOR

vs.

JUDGE MICHAEL JACKSON RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 469028 Order No. 470564

RELEASE DATE: January 8, 2014 FOR RELATOR

Myron Priest, Pro Se Inmate No. 520029 Lorain Correctional Institution 2075 S. Avon-Belden Road Grafton, OH 44044

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor

BY: James E. Moss Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, OH 44113 MELODY J. STEWART, J.:

{¶1} On September 12, 2013, the relator, Myron Priest, commenced this

procedendo action against the respondent, Judge Michael Jackson, to compel the judge to

rule on a “Motion to vacate court costs and/or motion for resentencing” that Priest filed

on September 11, 2012, in the underlying case State v. Priest, Cuyahoga C.P. No.

CR-481596.1 On October 11, 2013, the respondent judge moved for summary judgment

on the grounds of mootness. Attached to the dispositive motion was a certified copy of

an October 11, 2013 journal entry denying the subject motion. Priest never filed a

response. Indeed, a review of this court’s docket shows that Priest has appealed the

judge’s ruling to this court; State v. Priest, 8th Dist. Cuyahoga No. 100614. The ruling

and Priest’s appeal establishes that this procedendo action is moot.

{¶2} Accordingly, this court grants the respondent’s motion for summary judgment

and denies the application for a writ of procedendo. Costs assessed against respondent;

costs waived. The court directs the clerk of court to serve all parties with notice of this

judgment and the date of entry upon the journal as required by Civ.R. 58(B).

Pursuant to Civ.R. 25(D)(1), Judge Michael Jackson, as successor judge, is substituted for 1

the judge who was originally assigned to the underlying case. {¶3} Writ denied.

MELODY J. STEWART, JUDGE

SEAN C. GALLAGHER, P.J., and KENNETH A. ROCCO, J., CONCUR