State ex rel. Miller v. Saffold

[Cite as State ex rel. Miller v. Saffold, 2026-Ohio-358.]

COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE EX REL. GREGORY MILLER, JR., : Relator, : No. 115886 v. : HON. JEFFREY P. SAFFOLD, : Respondent. :

JOURNAL ENTRY AND OPINION JUDGMENT: COMPLAINT DISMISSED DATE: February 4, 2026

Writ of Procedendo Motion No. 591134 Order No. 591941

Appearances: Gregory Miller, Jr., pro se.

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Michael J. Stewart, Assistant Prosecuting Attorney, for respondent.

KATHLEEN ANN KEOUGH, J.: On December 5, 2025, the relator, Gregory Miller, Jr., commenced this procedendo action to compel the respondent, Judge Jeffrey Saffold, to proceed to judgment on a postconviction-relief petition that Miller filed on June 27, 2025, in the underlying case, State v. Miller, Cuyahoga No. CR-21-664866-A. On January 5, 2026, the respondent judge moved to dismiss the procedendo action on the grounds of mootness. Attached to the dispositive motion was a copy of a certified December 23, 2025 journal entry denying Miller’s postconviction-relief petition. This journal entry establishes that the judge has proceeded to judgment and that Miller has received his requested relief, a ruling on his petition, and that this procedendo action is moot. Miller did not file a response to the motion to dismiss but did appeal the denial of the postconviction-relief petition, 8th Dist. Cuyahoga No. 116061.

Accordingly, this court grants the respondent’s motion to dismiss and dismisses the writ. Costs assessed against respondent; 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).

Complaint dismissed.

KATHLEEN ANN KEOUGH, JUDGE EILEEN A. GALLAGHER, P.J., and WILLIAM A. KLATT, J.,* CONCUR (*Sitting by assignment: William A. Klatt, J., retired, of the Tenth District Court of Appeals.)