[Cite as State ex rel. Dugger v. Strickland Saffold, 2012-Ohio-2320.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98134
STATE OF OHIO, EX REL.,
ALEXANDER DUGGER
RELATOR
vs.
JUDGE SHIRLEY STRICKLAND
SAFFOLD, ET AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 454169
Order No. 454920
RELEASE DATE: May 23, 2012
FOR RELATOR
Alexander Dugger, pro se
Inmate No. 550-955
Lake Erie Correctional Institution
P.O. Box 8000
501 Thompson Rd.
Conneaut, Ohio 44030
ATTORNEYS FOR RESPONDENTS
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN A. GALLAGHER, J.:
{¶1} On March 22, 2012, the relator, Alexander Dugger, commenced this
mandamus action against the respondents, Judge Shirley Strickland Saffold and Judge
Nancy R. McDonnell, to compel them to rule on motions to dismiss and motions to
adjudicate that Dugger claims he filed on June 2, 2011, and October 14, 2011,
respectively, in the underlying cases, State v. Dugger, Cuyahoga C.P. Nos. CR-506065
and CR-506975. On April 13, 2012, the respondents filed a motion for summary
judgment on the grounds of mootness. Attached to this motion were certified copies of
two April 4, 2012 journal entries denying the October 14, 2011 motions to adjudicate in
both cases and certified copies of two April 12, 2012 journal entries denying the June 2,
2011 motions to dismiss in both cases. Dugger never filed a response. The attached
journal entries establish that Dugger has received his requested relief, rulings on the
subject motions and that the judges have fulfilled their duty to rule on those motions.
Therefore, this matter is moot.
{¶2} Accordingly, this court grants the respondents’ motion for summary
judgment. Each side to bear its own costs. This court directs the Clerk of 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).
{¶3} Writ denied.
EILEEN A. GALLAGHER, JUDGE
KATHLEEN ANN KEOUGH, P.J., and
MARY EILEEN KILBANE, J., CONCUR