[Cite as State ex rel. Berlingeri, 2014-Ohio-406.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100671
STATE OF OHIO, EX REL.
DOMINIC BERLINGERI
RELATOR
vs.
JUDGE BRIAN J. CORRIGAN
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 470804
Order No. 471571
RELEASE DATE: February 4, 2014
FOR RELATOR
Dominic Berlingeri, Jr.
Inmate No. A 583-358
Allen Correctional Institution
Attn: Unit C
2338 North West Street
Lima, OH 45801
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant Prosecuting Attorney
The Justice Center
1200 Ontario Street
Cleveland, OH 44113
SEAN C. GALLAGHER, J.:
{¶1} On November 26, 2013, relator Dominic Berlingeri commenced this
procedendo action against Judge Brian Corrigan to compel him to rule on his petition to
vacate allied offenses of similar import in State v. Berlingeri, Cuyahoga C.P. No.
CR-527719-G, which was filed on March 29, 2013. On December 18, 2013, respondent
judge filed a motion for summary judgment, which Berlingeri has not opposed. The
motion for summary judgment is granted, and the petition is denied for the reasons that
follow.
{¶2} Attached to the motion for summary judgment is a copy of a journal entry that
indicates that on December 17, 2013, Judge Corrigan denied Berlingeri’s petition to
vacate allied offenses of similar import, rendering the petition for a writ of procedendo
moot. State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983); State ex
rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658
N.E.2d 723 (1996). Additionally, the petition does not comply with Loc.App.R.
45(B)(1)(a), which is a separate ground that warrants dismissal. State ex rel. Fuller v.
Friedland, 8th Dist. Cuyahoga No. 76750, 1999 Ohio App. LEXIS 4856 (Oct. 14, 1999),
citing State ex rel. Sherrills v. Court of Common Pleas, 8th Dist. Cuyahoga No. 69707
(Dec. 1, 1995) (“failure to provide this court with a supporting affidavit warrants
dismissal”).
{¶3} Accordingly, we grant the respondent’s unopposed motion for summary
judgment. Respondent to bear costs, but costs are waived. It is further ordered that the
clerk shall serve upon all parties notice of this judgment and date of entry pursuant to
Civ.R. 58(B).
{¶4} Writ denied.
SEAN C. GALLAGHER, JUDGE
MARY J. BOYLE, A.J., and
KENNETH A. ROCCO, J., CONCUR