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State ex rel. Dudley v. Sheehan

Court of Appeals of Ohio, Eighth District

June 28, 2013

STATE OF OHIO, EX REL. EDDIE DUDLEY, RELATOR
v.
JUDGE BRENDAN J. SHEEHAN, RESPONDENT

Writ of Mandamus Motion No. 464840 Order No. 465708

FOR RELATOR Eddie Dudley Inmate No. 582-483 Lorain Correctional Institution

ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.:

{¶1} On April 25, 2013, the relator, Eddie Dudley, commenced this mandamus action against the respondent, Judge Brendan J. Sheehan, to compel him to rule on Dudley's motions for a monthly installment plan, filed on December 14, 2012, in the underlying cases, State v. Dudley, Cuyahoga C.P. Nos. CR-500587, CR-500881, CR-530921, and CR-532408. On May 9, 2013, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion were certified copies of April 29, 2013 journal entries denying Dudley's subject motions in each of the underlying cases. Dudley did not oppose the summary judgment motion. The journal entries establish that Dudley has received his requested relief, rulings on his motions. This action is therefore moot.

{¶2} Accordingly, the court grants the respondent's motion for summary judgment and denies the application for a writ of mandamus. Respondent to pay costs; costs waived. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).

{¶3} Writ denied.

MELODY J STEWART, AJ., and SEAN C GALLAGHER, J., ...


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