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Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99828
STATE OF OHIO, EX REL.
EDDIE DUDLEY
RELATOR
vs.
JUDGE BRENDAN J. SHEEHAN
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 464840
Order No. 465708
RELEASE DATE: June 28, 2013
FOR RELATOR
Eddie Dudley
Inmate No. 582-483
Lorain Correctional Institution
2075 South Avon-Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
FRANK D. CELEBREZZE, JR., J.:
{¶1} On April 25, 2013, the relator, Eddie Dudley, commenced this mandamus
action against the respondent, Judge Brendan J. Sheehan, to compel him to rule on
Dudley’s motions for a monthly installment plan, filed on December 14, 2012, in the
underlying cases, State v. Dudley, Cuyahoga C.P. Nos. CR-500587, CR-500881,
CR-530921, and CR-532408. On May 9, 2013, the respondent moved for summary
judgment on the grounds of mootness. Attached to the dispositive motion were certified
copies of April 29, 2013 journal entries denying Dudley’s subject motions in each of the
underlying cases. Dudley did not oppose the summary judgment motion. The journal
entries establish that Dudley has received his requested relief, rulings on his motions.
This action is therefore moot.
{¶2} Accordingly, the court grants the respondent’s motion for summary judgment
and denies the application for a writ of mandamus. Respondent to pay costs; costs
waived. The clerk is directed to serve upon the parties notice of this judgment and its
date of entry upon the journal. Civ.R. 58(B).
{¶3} Writ denied.
FRANK D. CELEBREZZE, JR., JUDGE
MELODY J. STEWART, A.J., and
SEAN C. GALLAGHER, J., CONCUR
