State ex rel. Smith v. Calabrese

[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