State ex rel. Cochran v. Gallagher, (Ohio 2008)
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Summary
Mandamus; petition for postconviction relief, findings of fact and conclusions of law, moot.
Summary
Mandamus; petition for postconviction relief, findings of fact and conclusions of law, moot.
Text
[Cite as State ex rel. Cochran v. Gallagher, 2008-Ohio-5734.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION No. 91974
STATE OF OHIO, EX REL., ROBERT COCHRAN
RELATOR
vs.
HONORABLE HOLLIE L. GALLAGHER
RESPONDENT
JUDGMENT: WRIT DENIED
WRIT OF MANDAMUS MOTION NO. 413154 ORDER NO. 414780
RELEASE DATE: October 31,
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[Cite as State ex rel. Cochran v. Gallagher, 2008-Ohio-5734.]
FOR RELATOR: Robert Cochran, pro se Inmate No. 512-500 Trumbull Correctional Inst.
P.O. Box 901 Leavittsburg, Ohio 44430
ATTORNEYS FOR RESPONDENT: William D. Mason Cuyahoga County Prosecutor By: Diane Smilanick Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 MARY J. BOYLE, J.:
Robert Cochran seeks a writ of mandamus in order to compel Judge Hollie L.
Gallagher to issue findings of fact and conclusions of law with regard to a petition for postconviction relief that was filed in State v. Cochran, Cuyahoga County Court of Common Pleas Case No. CR-467979. Judge Gallagher has filed a motion for summary judgment.
Attached to Judge Gallagher's motion for summary judgment is a copy of the findings of fact and conclusions of law filed in Case No. CR-467979 and journalized on Sept. 10, 2008. Cochran's request for mandamus is now moot. State ex rel. Jerninghan v.
Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117; 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163.
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Accordingly, Judge Gallagher's motion for summary judgment is granted.
Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B).
Writ denied.
MARY J. BOYLE, JUDGE COLLEEN CONWAY COONEY, P.J., and MARY EILEEN KILBANE, J., CONCUR
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