STATE EX REL. CSANAD v. SAFFOLD

No. 105428.

2017-Ohio-1456

STATE OF OHIO, EX REL., ADAM CSANAD, Relator, v. HON. SHIRLEY STRICKLAND SAFFOLD, Respondent.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.


Attorney(s) appearing for the Case

Adam Csanad, pro se, Inmate No. A660-494, Grafton Correctional Institution, 2500 South Avon Belden Road, Grafton, Ohio 44044, for Relator.

Michael C. O'Malley , Cuyahoga County Prosecutor, By: James E. Moss , Assistant County Prosecutor, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Respondent.


JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, A.J.

{¶1} Adam Csanad filed a complaint for a writ of procedendo, seeking an order from this court that requires respondent Judge Shirley Strickland Saffold to issue a ruling on a motion to convert court costs to performing community service filed on April 24, 2015 in the underlying case State v. Csanad, Cuyahoga C.P. No. CR-14-581618. On March 2, 2017, respondent moved for summary judgment on the grounds that the matter is moot, which Csanad has not opposed. We grant the motion for summary judgment.

{¶2} Attached to respondent's motion for summary judgment is a copy of a journal entry, file-stamped February 22, 2017, that demonstrates Csanad's motion was ruled upon by the trial court — granting his motion to convert remaining court costs to community service. This journal entry therefore establishes that the request for a writ of procedendo is moot. State ex rel. Bortoli v. Dinkelacker, 105 Ohio St.3d 133, 2005-Ohio-779, 823 N.E.2d 448, ¶ 3 ("A writ of procedendo will not issue to compel the performance of a duty that has already been performed."); State ex rel. Jerningham v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas, 8th Dist. Cuyahoga No. 98699, 2012-Ohio-5423, ¶ 2 (trial court's ruling on motion rendered the request for a writ of procedendo moot).

{¶3} Accordingly, the court grants the respondent's motion for summary judgment and denies the writ. Costs assessed against relator; 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).

{¶4} Writ denied.

MARY J. BOYLE, J., and SEAN C. GALLAGHER, J., CONCUR.


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