[Cite as McCall v. Fleegle, 2013-Ohio-3445.]
COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
EUGENE B. MCCALL : JUDGES:
: Hon. W. Scott Gwin, P.J.
Petitioner : Hon. Sheila G. Farmer, J.
: Hon. John W. Wise, J.
-vs- :
:
JUDGE MARK C. FLEEGLE : Case No. CT2013-0011
:
Respondent : OPINION
CHARACTER OF PROCEEDING: Writ of Procedendo
JUDGMENT: Dismissed
DATE OF JUDGMENT: August 2, 2013
APPEARANCES:
For Respondent For Petitioner
NO APPEARANCE EUGENE B. MCCALL, Pro Se
#404-939
Pickaway Correctional Institution
P. O. BOX 209
Orient, OH 43146
Muskingum County, Case No. CT2013-0011 2
Farmer, J.
{¶1} Petitioner, Eugene McCall, has filed a “Petition for the Issuance of a Writ
of Procedendo” asking this Court to order Respondent, Judge Mark C. Fleegle, to rule
on two outstanding motions in his trial court case. The first motion was filed on
September 13, 2011 by Appellant in a pro se capacity and the second motion was filed
on June 22, 2012 by counsel for Petitioner.
{¶2} The Supreme Court has held that a judge’s performance of the requested
act makes the complaint in procedendo moot. State ex rel. Hazel v. Bender, 129 Ohio
St.3d 496, 496, 954 N.E.2d 114, 115 (Ohio, 2011).
{¶3} Subsequent to the filing of the instant complaint, Respondent ruled on the
issue raised in both outstanding motions in the underlying case. In turn, Petitioner has
appealed the trial court’s decision on these motions to this Court which was assigned
Case Number CT 2013-0014. Because Respondent has performed the act requested
in the complaint, we dismiss the instant petition as moot.
By Farmer, J.
Gwin, P J. and
Wise, J. concur.
_______________________________
Hon. Sheila G. Farmer
_______________________________
Hon. W. Scott Gwin
_______________________________
Hon. John W. Wise
SGF/as 719
[Cite as McCall v. Fleegle, 2013-Ohio-3445.]
IN THE COURT OF APPEALS FOR MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
EUGENE B. MCCALL :
:
Petitioner :
:
-vs- : JUDGMENT ENTRY
:
JUDGE MARK C. FLEEGLE :
:
Respondent : CASE NO. 13-CA-8
For the reasons stated in our accompanying Memorandum-Opinion, the petition
for writ of procedendo is dismissed as moot. Costs waived.
_______________________________
Hon. Sheila G. Farmer
_______________________________
Hon. W. Scott Gwin
_______________________________
Hon. John W. Wise
McCall v. Fleegle
Combined Opinion