[Cite as State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas, 2012-Ohio-5423.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98699
STATE OF OHIO EX REL.,
TIMOTHY PETTWAY
RELATOR
vs.
CUYAHOGA COUNTY COURT OF
COMMON PLEAS, ET AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 457494
Order No. 460062
RELEASE DATE: November 20, 2012
FOR RELATOR
Timothy Pettway, Pro Se
Inmate No. 550-655
Toledo Correctional Institution
P.O. Box 80033
2001 East Central Avenue
Toledo, OH 43608
ATTORNEYS FOR RESPONDENTS
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, OH 44113
MELODY J. STEWART, P.J.:
{¶1} Timothy Pettway has filed a complaint for a writ of procedendo. Pettway
seeks an order from this court, which requires Judge Deena Calabrese and the Cuyahoga
County Court of Common Pleas to render a ruling with regard to a motion to “remand
sentencing for the limited purpose of allowing defendant to move trial court for a waiver
of payment of court costs” as filed in State v. Pettway, Cuyahoga C.P. No. CR-498474.
Judge Calabrese and the Cuyahoga County Court of Common Pleas have filed a motion
for summary judgment, which is granted.
{¶2} Pettway’s request for a writ of procedendo is moot. Attached to the motion
for summary judgment is a copy of a judgment entry, as journalized on June 30, 2012,
which demonstrates that Pettway’s motion to “remand sentencing for the limited purpose
of allowing defendant to move trial court for a waiver of payment of court costs” was
denied. Thus, Pettway’s request for a writ of procedendo is moot. 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. Snider v. Stapleton, 65 Ohio St.3d 40, 600
N.E.2d 240 (1992); State ex rel. Richard v. Wells, 64 Ohio St.3d 76, 591 N.E.2d 1240
(1992); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, we grant the motion for summary judgment. Respondents to pay
costs. Costs ordered waived. The court directs the clerk for the Eighth District Court of
Appeals to serve upon the parties notice of this judgment and its date of entry upon the
journal. Civ.R. 58(B).
{¶4} Writ denied.
MELODY J. STEWART, PRESIDING JUDGE
FRANK D. CELEBREZZE, JR., J., and
SEAN C. GALLAGHER, J., CONCUR