State ex rel. Sevayega v. McMonagle (Slip Opinion), Slip Opinion No. 2009-Ohio-2367
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Summary
Appeal from dismissal of a petition for a writ of procedendo – Procedendo not available to compel performance of a duty already performed – Judgment affirmed.
Summary
Appeal from dismissal of a petition for a writ of procedendo – Procedendo not available to compel performance of a duty already performed – Judgment affirmed.
Text
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Sevayega v. McMonagle, Slip Opinion No. 2009-Ohio-2367.]
NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.
SLIP OPINION NO. 2009-OHIO-2367 THE STATE EX REL. SEVAYEGA, APPELLANT, v. MCMONAGLE, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Sevayega v. McMonagle, Slip Opinion No. 2009- Ohio-2367.] Appeal from dismissal of a petition for a writ of procedendo Procedendo not available to compel performance of a duty already performed Judgment affirmed.
(No. 2009-0106 Submitted May 19, 2009 Decided May 28, 2009.)
APPEAL from the Court of Appeals for Cuyahoga County, No. 92157, 2008-Ohio-6275.
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Per Curiam.
We affirm the judgment of the court of appeals dismissing the complaint of appellant, Reginald D. Sevayega, for a writ of procedendo. A writ of procedendo will not issue to compel the performance of a duty that has already been performed. State ex rel. Howard v. Skow, 102 Ohio St.3d 423, 2004-Ohio- 3652, 811 N.E.2d 1128, ¶ 9. Moreover, insofar as Sevayega contests the
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propriety of the ruling he received on his postconviction motion, he had an adequate remedy in the ordinary course of law by way of appeal. Extraordinary relief in procedendo will not be granted if there is an adequate remedy in the ordinary course of law. State ex rel. George v. Burnside, 118 Ohio St.3d 406, 2008-Ohio-2702, 889 N.E.2d 533, ¶ 7.
Judgment affirmed.
MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.
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Reginald D. Sevayega, pro se.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Pamela Bolton, Assistant Prosecuting Attorney, for appellee.
D. Jim Brady, amicus curiae.
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