State ex rel. Young v. Gall

KATHLEEN ANN KEOUGH

Evangelist A. Young, pro se
Grafton Correctional Institution

Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
KATHLEEN ANN KEOUGH, J.:

{¶1} Evangelist A. Young ("Young") has filed a complaint for writ of procedendo. Young seeks an order from this court that requires Judge Steven Gall to rule on motions he filed in Cuyahoga C.P. Nos. CR-11-553117-A and CR-11-552705. Judge Gall has moved for summary judgment, which we grant because the complaint is moot.

{¶2} Young seeks to compel a ruling on a motion for jail-time credit that he alleges was filed on October 31, 2013. Young filed motions for jail-time credit in case number CR-11-552705 on November 5, 2013, and March 5, 2014. The court issued orders granting Young jail-time credit in that case on January 29, 2014, and March 10, 2014. In CR-11-553117-A, Young filed a motion for jail-time credit on November 6, 2013, and the court issued an order granting Young jail time credit in that case on January 29, 2014.

{¶3} Young is not entitled to a writ of procedendo because respondent has already ruled on the motions. "A writ of procedendo will not issue to compel the performance of a duty that has already been performed." State ex rel. Roberts v. Marsh, _ Ohio St. 3d _, 2014-Ohio-106, ¶ 6, citing State ex rel. Grove v. Nadel, 84 Ohio St.3d 252, 253, 1998-Ohio-541, 703 N.E.2d 304 (1998)

{¶4} Judge Gall's motion for summary judgment is granted, and Young's complaint for a writ of procedendo is denied. Relator to pay costs. Costs waived. The court directs the clerk of court to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).

{¶5} Writ denied. __________
KATHLEEN ANN KEOUGH, JUDGE
KENNETH A. ROCCO, P.J., and
TIM McCORMACK, J., CONCUR