2005-Ohio-4006

State of Ohio, ex rel., Roland Bluford, Relator, v. Eileen A. Gallagher, Judge, Respondent.

No. 86495.Court of Appeals of Ohio, Eighth District, Cuyahoga County.
August 3, 2005.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Writ of Mandamus.

Writ Denied Motion No. 372984.

Roland Bluford, pro se, Inmate No. 359-667, P.O. Box 788, 1150 North Main Street, Mansfield, Ohio 44901-0788, for Relator.

William D. Mason, Cuyahoga County Prosecutor, Diane Smilanick, Assistant County Prosecutor, Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, for Respondent.

ORIGINAL ACTION JOURNAL ENTRY AND OPINION
MARY EILEEN KILBANE, J.:

{¶ 1} 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.

{¶ 2} 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.

{¶ 3} 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.

Cooney, P.J., concurs.
Rocco, J., concurs.

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