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State ex rel Sevayega v. McMonagle

December 1, 2008

STATE OF OHIO, EX REL., REGINALD D. SEVAYEGA RELATOR
v.
THE HONORABLE RICHARD J. MCMONAGLE RESPONDENT



WRIT OF PROCEDENDO MOTION NO. 415255 ORDER NO. 415423 JUDGMENT: COMPLAINT DISMISSED.

The opinion of the court was delivered by: Judge Anthony O. Calabrese

JOURNAL ENTRY AND OPINION

{¶1} On October 3, 2008, relator Reginald D. Sevayega commenced this procedendo action against Judge Richard J. McMonagle to compel him to rule on his petition for post- conviction relief in State v. Sevayega, Cuyahoga County Court of Common Pleas Case No. CR-92-290548, which was filed on March 3, 2008. On November 12, 2008, Judge McMonagle, through the Cuyahoga County Prosecutor's Office, filed a motion to dismiss Sevayega's action in procedendo. For the following reason, we grant the motion to dismiss.

{¶2} Attached to the motion to dismiss is a copy of a journal entry which indicates that on November 5, 2008, Judge McMonagle denied Sevayega's petition for post-conviction relief thereby rendering the petition for a writ of procedendo moot. State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723.

{¶3} Accordingly, we dismiss Sevayega's petition for a writ of procedendo.*fn1 Respondent to bear costs. 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). Writ dismissed.

ANTHONY O. CALABRESE, JR., PRESIDING JUDGE

KENNETH A. ROCCO, J., and ANN DYKE, ...


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