[Cite as State ex rel. McCuller v. Calabrese, 2013-Ohio-590.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98828
STATE OF OHIO EX REL,
CHARLES D. McCULLER
RELATOR
vs.
JUDGE DEENA R. CALABRESE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 458559
Order No. 462221
RELEASED DATE: February 15, 2013
-i-
FOR RELATOR
Charles D. McCuller, Pro Se
Inmate #482-821
Grafton Correctional Inst.
2500 S. Avon Beldon Road
Grafton, Ohio 44044
FOR RESPONDENTS
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant county Prosecutor
9th Floor, Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, J.:
{¶1} Charles D. McCuller, the relator, has filed a complaint for a writ of
procedendo. McCuller seeks an order from this court which requires Judge Deena R.
Calabrese, the respondent, to render rulings with regard to three “motion[s] to vacate void
sentence” that are pending in State v. McCuller, Cuyahoga C.P. Case Nos. CR-79-48254,
CR-79-48919, and CR-79-52011. McCuller’s request for a writ of procedendo is moot.
{¶2} Attached to Judge Calabrese’s motion for summary judgment are three
judgment entries, each journalized on September 11, 2012, that demonstrate rulings have
been rendered with regard to each pending motion to vacate void sentence. Thus, Judge
Calabrese has proceeded to judgment and McCuller’s request for a writ of procedendo is
moot. State ex rel. Fontanella v. Kantos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885
N.E.2d 220; State ex rel. Howard v. Doneghy, 102 Ohio St.3d 355, 2004-Ohio-3207, 810
N.E.2d 958, ¶ 6, quoting State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313,
318, 725 N.E.2d 663.
{¶3} Accordingly, we grant Judge Calabrese’s motion for summary judgment.
McCuller to pay costs. Cost ordered 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.
PATRICIA ANN BLACKMON, PRESIDING JUDGE
MELODY J. STEWART, A.J., and
EILEEN A. GALLAGHER, J., CONCUR