The State ex rel. Sevayega, Appellant,
Gallagher, Judge, Appellee.
Submitted June 20, 2017
from the Court of Appeals for Cuyahoga County, No. 104225,
Reginald D. Sevayega, pro se.
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and James E. Moss, Assistant Prosecuting Attorney,
1} Appellant, Reginald D. Sevayega, appeals the
judgment of the Eighth District Court of Appeals denying his
complaint for writs of procedendo and mandamus. We affirm.
2} On July 6, 1993, Sevayega was convicted of rape
and other offenses. He was sentenced by then Cuyahoga County
Court of Common Pleas Judge Terrence O'Donnell. The case
was reassigned to Judge Nancy M. Russo in January 1998 and to
Judge José A. Villanueva in April 2003, but Judge
Villanueva soon recused himself from the case.
3} The administrative judge, Richard J. McMonagle,
then assigned the case to himself. On July 29, 2003, Judge
McMonagle held a sex-offender-classification hearing and
classified Sevayega as a sexual predator.
4} On January 5, 2015, Sevayega filed a motion to
vacate his classification as a sexual predator. He argued
that the judgment was void for lack of jurisdiction because
Judge McMonagle was neither the original sentencing judge nor
"the successor judge."
5} On or about January 10, 2015, Judge McMonagle
retired and the case was reassigned to appellee, Judge
6} On March 11, 2016, Sevayega filed a complaint for
writs of mandamus and procedendo in the Eighth District Court
of Appeals. The complaint alleged that extraordinary relief
was warranted to compel Judge Gallagher to rule on
Sevayega's motion to vacate and to compel her to declare
his sexual-predator classification void.
7} On August 12, 2015, Judge Gallagher issued a
journal entry denying Sevayega's motion to vacate. Judge
Gallagher then moved for summary judgment in the
mandamus/procedendo case. Sevayega filed a cross-motion for
8} On August 17, 2016, the court of appeals denied
Sevayega's cross-motion, granted Judge Gallagher's
motion, and denied the writs. The court held that in light of
Judge Gallagher's August 2015 journal entry,
Sevayega's complaint was moot to the extent that it
sought to compel a ruling on the motion to vacate. 8th Dist.
Cuyahoga No. 104225, 2016-Ohio-5421, ¶ 4. The court
rejected Sevayega's argument that Judge McMonagle lacked
jurisdiction to hold the sex-offender-classification hearing
and noted that in any case, ...