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STATE EX REL. HAMMOND v. BURNSIDE

No. 94579.

2010 Ohio 1933

State of Ohio, ex rel. Damario Hammond, Petitioner, v. Judge Janet Burnside, Respondent.

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

RELEASED: April 19, 2010.

Attorney(s) appearing for the Case

Damario Hammond, pro se, Inmate # 454-626, Richland Correctional Institution, P.O. Box 8107, Mansfield, Ohio 44901, for Petitioner.

William D. Mason, Cuyahoga County Prosecutor, By: James E. 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}On January 26, 2010, Damario Hammond filed a writ of mandamus against Judge Janet Burnside in which he asked this court to order Judge Burnside to conduct a resentencing hearing. On March 8, 2010, Judge Burnside, through the Cuyahoga County Prosecutor's office, filed a motion for summary judgment. For the following reasons, we grant the motion for summary judgment.

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