[Cite as State ex rel. Fuller v. Sutula, 2012-Ohio-4827.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98375
STATE OF OHIO, EX REL.
MICHAEL FULLER
RELATOR
vs.
JUDGE KATHLEEN ANN SUTULA
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 456147
Order No. 459273
RELEASE DATE: October 17, 2012
FOR RELATOR
Michael Fuller, pro se
Inmate No. 257-390
Grafton Correctional Institution
2500 South Avon Belden Road
Grafton, OH 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: Charles E. Hannan
Assistant Prosecuting Attorney
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, OH 44113
SEAN C. GALLAGHER, J.:
{¶1} Relator, Michael Fuller, is the plaintiff in Fuller v. Ohio Dept. of Rehab. &
Corr., Cuyahoga C.P. No. CV-768245, a declaratory judgment action. Fuller appealed
the February 16, 2012 judgment of the court of common pleas to this court, and we
dismissed that appeal for lack of a final appealable order because the trial court did not
state the basis for its decision and declare the rights of the parties. Fuller v. Ohio Dept.
of Rehab. & Corr., 8th Dist. No. 98062 (May 2, 2012).
{¶2} In this action, Fuller requests that this court compel respondent judge to issue
a final appealable order. For the reasons stated below, we deny Fuller’s request for
relief in mandamus.
{¶3} The docket in Case No. CV-768245 reflects that respondent entered judgment
on May 16, 2012. Fuller’s appeal of that judgment is now pending before this court as
Fuller v. Mohr, 8th Dist. No. 98477. He filed this action on May 18, 2012.
{¶4} Respondent has filed a motion for summary judgment attached to which is a
copy of the May 16, 2012 entry of respondent. Fuller has not opposed the motion.
Respondent contends that she has already acted and cannot be compelled to perform a
duty that she has already fulfilled. We agree.
{¶5} Accordingly, respondent’s motion for summary judgment is granted. Fuller
to pay costs. This court directs the clerk of court to serve all parties notice of this
judgment and its date of entry upon the journal as required by Civ.R. 58(B).
Writ denied.
SEAN C. GALLAGHER, JUDGE
PATRICIA ANN BLACKMON, A.J., and
MARY J. BOYLE, J., CONCUR