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STATE EX REL. ROSE v. McGINTY

No. 92578.

2009-Ohio-458

State of Ohio, ex rel., Floyd Rose Relator, v. Honorable Timothy McGinty, Judge, Respondent.

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

RELEASE DATE: February 2, 2009.

Attorney(s) appearing for the Case

Floyd Rose, pro se, Inmate No. 523-596, Richland Correctional Inst., P.O. Box 8107, Mansfield, Ohio 44901, for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: James Moss, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Respondent.

JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶ 1} Floyd Rose has filed a complaint for a writ of procedendo and a writ of mandamus. Rose seeks an order from this court, which requires Judge Timothy J. McGinty to issue a ruling with regard to a "motion to correct void sentence pursuant to Criminal Rule 47 and conduct a proper sentencing hearing pursuant to O.R.C. 2929.191" as filed in State v. Rose, Cuyahoga County Court of...

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