State ex rel. Kennedy v. Saffold , 2014 Ohio 3826 ( 2014 )

[Cite as State ex rel. Kennedy v. Saffold, 2014-Ohio-3826.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101547
STATE OF OHIO, EX REL.
HAROLD KENNEDY, #452-396
RELATOR
vs.
CUYAHOGA COUNTY COMMON PLEAS COURT
JUDGE SHIRLEY S. SAFFOLD
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 476748
Order No. 477037
RELEASE DATE: September 2, 2014
FOR RELATOR
Harold Kennedy, pro se
#452-396
Lake Erie Correctional Institution
P.O. Box 8000
Conneaut, OH 44030
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant Prosecuting Attorney
The Justice Center
1200 Ontario Street
Cleveland, OH 44113
SEAN C. GALLAGHER, P.J.:
{¶1} Harold Kennedy has filed a complaint for a writ of mandamus. Kennedy
seeks an order to compel Judge Shirley Strickland Saffold to render a ruling with regard
to motion for a new sentencing hearing filed in State v. Kennedy, Cuyahoga C.P. No.
CR-437427.
{¶2} Attached to Judge Saffold’s motion for summary judgment is a copy of a
judgment, journalized on July 14, 2014, which demonstrates that a ruling has been
rendered with regard to Kennedy’s motion for a new sentencing hearing. Thus, the
complaint for a writ of mandamus is moot. State ex rel. Jerninghan v. Cuyahoga Cty.
Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Gantt v.
Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, we grant Judge Saffold’s motion for summary judgment. Costs
to Judge Saffold. Costs waived. The court directs the clerk of courts to serve all parties
with notice of this judgment and its date of entry upon the journal as required by Civ.R.
58(B).
{¶4} Writ denied.
SEAN C. GALLAGHER, PRESIDING JUDGE
TIM McCORMACK, J., and
EILEEN T. GALLAGHER, J., CONCUR