COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83443
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
JAMES MCJUNKINS              :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE TIMOTHY MCCORMICK      :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:
 
CHARACTER OF PROCEEDINGS:         WRIT OF PRECEDENDO
 
JUDGMENT:                         Writ Granted.
                                  Motion Nos. 352365 and 352406.
 
APPEARANCES:
 
For Relator:                      JAMES MCJUNKINS, PRO SE
                                  Inmate No. 340-381
                                  Lebanon Correctional Inst.
                                  P.O. Box 56
                                  Lebanon, Ohio 45036
 
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  BY: GAIL DENISE BAKER, ESQ.
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
FRANK D. CELEBREZZE, JR., J:
 
     On September 10, 2003, relator James McJunkins commenced this
 
procedendo action against the respondent, Judge Timothy McCormick,
 
to compel the judge to rule on his motion to withdraw guilty plea
 
in State v. McJunkins, Cuyahoga County Court of Common Pleas Case
 
No. CR-346869, which was filed November 7, 2002. On September 12,
 
2003, the respondent, through the Cuyahoga County Prosecutor, filed
 
a motion for summary judgment. For the following reasons, we deny
 
the respondent's motion for summary judgment and grant the writ for
 
procedendo.
 
     A petition for a writ of procedendo is appropriate when a
 
court has either refused to render a judgment or has unnecessarily
 
delayed proceeding to judgment.    State ex rel. Miley v. Parrot
 
(1996), 77 Ohio St.3d 64, 671 N.E.2d 24.     "An inferior court 's
 
refusal to timely dispose of a pending action is the ill a writ of
 
procedendo is designed to remedy." State ex rel. Dehler v. Sutula
 
(1995), 74 Ohio St.3d 33, 656 N.E.2d 332 quoting State ex rel.
 
Levin v. Sheffield Lake (1994), 70 Ohio St.3d 104, 637 N.E.2d 319.
 
     In the motion for summary judgment, respondent argues that
 
relator's request is moot. Attached to the motion for summary
 
judgment is a journal entry filed on November 1, 2001, from State
 
v. McJunkins, supra, that denied the motion to withdraw guilty
 
plea.   However, the judgment entry attached to the motion for
 
summary judgment does not pertain to the relator 's motion to
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
withdraw guilty plea filed on November 7, 2002. Rather, it
 
pertains to a motion to withdraw guilty plea relator filed on
 
September 12, 2001.
 
    A review of the record, including a review of the docket,
 
indicates that Judge McCormick has not yet ruled on McJunkins
 
motion to withdraw guilty plea as filed on November 7, 2002.
 
Because this motion has been pending for almost eleven months, we
 
hold that McJunkins ' request for relief in procedendo is well
 
taken.
 
    The respondent is hereby directed to rule on the pending
 
motion to withdraw guilty plea within thirty (30) days from the
 
date of this entry. Respondent to pay costs. 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).
 
    Writ granted.
 
 
                                    FRANK D. CELEBREZZE, JR.
                                             JUDGE
 
KENNETH A. ROCCO, A. J., CONCURS
 
ANNE L. KILBANE, J., CONCURS
 
 
 
.