[Cite as State ex rel. Bogan v. Matia, 2014-Ohio-1845.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100940
STATE EX REL. JAMES C. BOGAN
RELATOR
vs.
JUDGE DAVID MATIA
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 472576
Order No. 473273
RELEASE DATE: April 30, 2014
FOR RELATOR
James C. Bogan, pro se
Inmate #451-645
Richland Correctional Institution
P.O. Box 8107
Mansfield, OH 44901
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
Justice Center - 9th Floor
1200 Ontario Street
Cleveland, OH 44113
KENNETH A. ROCCO, J.:
{¶1} James Bogan has filed a complaint for a writ of procedendo. Bogan seeks a
writ of procedendo in order to compel Judge David T. Matia to render a ruling with
regard to a “motion to withdraw plea pursuant to Criminal R. 32.1” filed in State v.
Bogan, Cuyahoga C.P. No. CR-396492. We decline to issue a writ of mandamus.
{¶2} Initially, we find that Bogan’s complaint for a writ of procedendo is
defective. Bogan has failed to provide this court with a sworn affidavit, required by
Loc.App.R. 45(B)(1)(a), that specifies the details of the complaint. State ex rel. Mayes v.
Ambrose, 8th Dist. Cuyahoga No. 91980, 2009-Ohio-25; James v. Callahan, 8th Dist.
Cuyahoga No. 89654, 2007-Ohio-2237.
{¶3} In addition, Bogan’s request for a writ of mandamus is moot. Attached to
Judge Matia’s motion for summary judgment is a copy of a judgment entry, journalized
on April 20, 2012, which demonstrates that Bogan’s motion to withdraw plea was denied.
No additional action is required on the part of Judge Matia with regard to the motion to
withdraw plea. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74
Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman, 6 Ohio
St.3d 5, 450 N.E.2d 1163 (1983).
{¶4} Accordingly, we grant Judge Matia’s motion for summary judgment. Costs to
Bogan. 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).
{¶5} Writ denied.
_____________________________________
KENNETH A. ROCCO, JUDGE
LARRY A. JONES, SR., P.J., and
MELODY J. STEWART, J., CONCUR