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Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101550
DENNIS POINTER, #0169-139
RELATOR
vs.
HONORABLE JOSEPH RUSSO, JUDGE, ETC.
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 476772
Order No. 477190
RELEASE DATE: August 19, 2014
FOR RELATOR
Dennis Pointer, pro se
Inmate No. 0169-139
P.O. Box 5600
Cleveland, OH 44101
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
Justice Center - 9th Floor
1200 Ontario Street
Cleveland, OH 44113
KENNETH A. ROCCO, P.J.:
{¶1} Dennis Pointer has filed a petition for a writ of procedendo. Pointer seeks an
order from this court that requires Judge Joseph Russo to render a ruling with regard to
his “motions for jury demand, speedy trial request, to proceed pro se; and memorandum
contra of Plaintiff, State of Ohio, Motion for Sexual Predator Classification Hearing” that
were filed on October 15, 2013, in State v. Pointer, Cuyahoga C.P. No. CR-93-294419.
Respondent has filed a motion for summary judgment, which we grant, and the petition is
denied for the reasons that follow.
{¶2} Pointer’s request for a writ of procedendo is moot. Attached to Judge
Russo’s motion for summary judgment are copies of journal entries, journalized on July
15, 2014, which demonstrate that rulings have been rendered with regard to the subject
motions. Thus, Pointer is not entitled to a writ of procedendo. State ex rel. Fontanella v.
Kontos,
, ¶ 6 (holding that
procendendo does not lie to compel performance of a duty that has already been
performed).
{¶3} Pointer also filed a motion for leave to proceed without having complied
with all of the procedural requirements for perfecting a claim for writ of procedendo.
The motion is denied as moot, but we note that the defects in the petition provide
additional grounds for dismissal.
{¶4} Accordingly, we grant Judge Russo’s motion for summary judgment. Costs
assessed against relator. Costs waived. The court directs the clerk of courts to serve all
parties with notice of this judgment and its date of entry upon the journal as required by
Civ.R. 58(B).
{¶5} Writ denied.
__________________________________________
KENNETH A. ROCCO, PRESIDING JUDGE
PATRICIA ANN BLACKMON, J., and
TIM McCORMACK, J., CONCUR
