State ex rel. Sanchez v. Russo , 2014 Ohio 4392 ( 2014 )

[Cite as State ex rel. Sanchez v. Russo, 2014-Ohio-4392.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101741
STATE EX REL. JOSE SANCHEZ
RELATOR
vs.
JUDGE JOHN J. RUSSO
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 477842
Order No. 477912
RELEASE DATE: September 26, 2014
FOR RELATOR
Jose Sanchez, pro se
#564-972, Grafton Correctional Institution
2500 South Avon-Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
LARRY A. JONES, SR., P.J.:
{¶1} Jose Sanchez has filed a complaint for a writ of mandamus. Sanchez seeks
an order from this court that requires Judge Shirley Strickland Saffold to render a ruling
with regard to a “motion to vacate for being twice in jeopardy” filed in State v. Sanchez,
Cuyahoga C.P. No. CR-08-515338.1 In addition, Sanchez seeks a hearing with regard to
the motion to vacate. We decline to issue a writ of mandamus on behalf of Sanchez.
{¶2} Sanchez’s request for a writ of mandamus is moot. Attached to Judge
Saffold’s motion for summary judgment is a copy of a journal entry, journalized on
August 13, 2014, that demonstrates a ruling has been rendered with regard to the motion
to vacate. In addition, Sanchez has failed to demonstrate that Judge Saffold is required
to conduct a hearing with regard to the motion to vacate. Thus, Sanchez is not entitled to
a writ of mandamus. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas,
74 Ohio St. 3d 278, 1996-Ohio-117, 658 N.E.2d 723; 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.
Sanchez incorrectly named Judge John J. Russo as the respondent.
1
Judge Shirley Strickland
Saffold is the judge assigned to preside over Case No. CR-08-515338.
LARRY A. JONES, SR., PRESIDING JUDGE
KATHLEEN ANN KEOUGH, J., and
EILEEN T. GALLAGHER, J., CONCUR