COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73878 STATE OF OHIO, ex rel. : SAMUEL McCALL : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 92613 : PRESIDING JUDGE : JOURNAL ENTRY AND OPINION RICHARD J. McMONAGLE : COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : MARCH 19, 1998 JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : APPEARANCES: For relator : SAMUEL McCALL, pro se #313-482 B.E.C.I. Post Office Box 540 St,. Clairsville, Ohio 43950 For respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor MACY LEE, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- PATRICIA A. BLACKMON,A.J.: Relator, Samuel McCall, seeks a writ of mandamus in order to compel the respondent, Judge Richard McMonagle, to rule on his motion to correct and vacate sentences and motion to amend previous motion to correct and vacate sentences as filed in Cuyahoga County Common Pleas Case Nos. CR-57459, 58784, 15216, 17088, 21959, 22119, 256152, 326248, and 326248. The respondent has filed a motion for summary judgment, which we grant for the following reasons. In State ex rel. Adkins v. Judge Aurelius (Mar. 27, 1997), Cuyahoga App. No. 71763, unreported, this court held that: *** a writ of mandamus will not be issued when an adequate remedy at law exists for obtaining the relief sought. R.C. 2731.05. Relator has an adequate remedy in this case via a petition for a writ of procedendo. This court has held that when a dispositive motion has been filed without resolution for an inordinate amount of time, the writ of procedendo is the more appropriate remedy to pursue. Id. at 2. In addition, procedendo would not issue at this time because an inordinate period of time has not lapsed since the relator filed his motions in the underlying criminal cases. State ex rel. Richard v. Calabrese (1993), 66 Ohio St.3d 193; State ex rel. Rodgers v. Cuyahoga County Court of Common Pleas (1992), 83 Ohio App.3d 684; State ex rel. Taylor v. Judge Corrigan (Apr. 3, 1997), Cuyahoga App. No. 72103, unreported. Accordingly, the respondent's motion for summary judgment is granted. Costs to relator. Writ denied. -3- JAMES M. PORTER, J., CONCURS PATRICIA A. BLACKMON ADMINISTRATIVE JUDGE .