State ex rel. Bluford, (Ohio 2005)
Linked as:
Summary
Mandamus, moot.
Summary
Mandamus, moot.
Text
[Cite as State ex rel. Bluford, 2005-Ohio-4006.]
COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
COUNTY OF CUYAHOGA
No. 86495
STATE OF OHIO, ex rel., :
ORIGINAL ACTION ROLAND BLUFORD
Relator :
JOURNAL ENTRY
vs. :
AND
EILEEN A. GALLAGHER, JUDGE
: OPINION
Respondent :
:
DATE OF JOURNALIZATION
: AUGUST 3, 2005
CHARACTER OF PROCEEDING
: WRIT OF MANDAMUS
JUDGMENT
:
Writ Denied Motion No. 372984
APPEARANCES:
For Relator:
ROLAND BLUFORD, pro se Inmate No. 359-667 P.O. Box 788 1150 North Main Street Mansfield, Ohio 44901-0788
For Respondent:
WILLIAM D. MASON Cuyahoga County Prosecutor DIANE SMILANICK Assistant County Prosecutor Justice Center - 8th Floor 1200 Ontario Street Cleveland, Ohio
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MARY EILEEN KILBANE, J.:
Roland Bluford seeks a writ of mandamus to compel Judge Eileen Gallagher to issue findings of fact and conclusions of law with regard to a petition for postconviction relief that was filed in the underlying case of State v. Bluford, Cuyahoga County Court of Common Pleas Case No. CR-360788. Judge Gallagher has filed a motion for summary judgment.
Attached to Judge Gallagher's motion for summary judgment is a copy of findings of fact and conclusions of law, journalized on June 13, 2005, filed in Case No. CR-360788. This action is now moot. State ex rel. Jerninghan v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723; State ex rel.
Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163.
Accordingly, Judge Gallagher's motion for summary judgment is granted. Clerk to serve notices to all parties as provided in Civ.R. 58(B). Costs to Judge Gallagher.
Writ denied.
MARY EILEEN KILBANE JUDGE
COLLEEN CONWAY COONEY, P.J., CONCURS KENNETH A. ROCCO, J., CONCURS
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