[Cite as State ex rel. Smith v. Calabrese, 2014-Ohio-2069.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101189
STATE OF OHIO, EX REL.
RICHARD SMITH
RELATOR
vs.
CUYAHOGA COUNTY COMMON PLEAS
JUDGE DEENA R. CALABRESE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 474270
Order No. 474517
RELEASE DATE: May 9, 2014
FOR RELATOR
Richard Smith, pro se
#550-616, 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
EILEEN T. GALLAGHER, J.:
{¶1} Richard Smith has filed a complaint for a writ of mandamus. Smith seeks an
order from this court that requires Judge Deena Calabrese to render a ruling with regard
to a “motion to correct illegal sentence” filed in State v. Smith, Cuyahoga C.P. No.
CR-05-469680-A. For the following reasons, we decline to issue a writ of mandamus on
behalf of Smith.
{¶2} Smith’s request for a writ of mandamus is moot. Attached to Judge
Calabrese’s motion for summary judgment is a copy of a journal entry, journalized on
April 8, 2014, which demonstrates that a ruling has been rendered with regard to the
“motion to correct illegal sentence.” Thus, Smith is not entitled to a writ of mandamus.
State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278,
658 N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163
(1983).
{¶3} Accordingly, we grant Judge Calabrese’s motion for summary judgment.
Costs to Judge Calabrese. 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.
EILEEN T. GALLAGHER, JUDGE
MARY J. BOYLE, A.J., and
PATRICIA ANN BLACKMON, J., CONCUR
#101189 - State Ex. Rel., Richard Smith v. Cuyahoga County Common Pleas Judge
Deena R. Calabrese