COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83449
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
CURTIS ROBERSON              :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE TIMOTHY J. MCGINTY     :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           JANUARY 9, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF PROCEDENDO
 
JUDGMENT:                         Writ Denied.
                                  Order No. 355470
                                  Motion No. 354571
 
 
 
APPEARANCES:
 
For Relator:                      CURTIS ROBERSON, PRO SE
                                  Inmate No. A433-421
                                  Lake Erie Correctional Inst.
                                  P.O. Box 8000
                                  Conneaut, Ohio 44030-8000
 
 
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  BY: CHRISANA C. BLANCO, ESQ.
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
ANNE L. KILBANE, J.:
 
     Curtis Roberson requests that this court compel Judge Timothy
 
J. McGinty to issue a ruling on his motion for return of property
 
he filed in State v. Roberson, Cuyahoga County Court of Common
 
Pleas Case No. CR-423378 on April 8, 2003.
 
     The judge moved for summary judgment and attached a copy of a
 
November 10, 2003 journal entry denying Roberson's motion.
 
Roberson has not opposed the motion. The judge contends that this
 
action in procedendo is moot and we agree.
 
     The motion for summary judgment is granted. Roberson 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 denied.
 
 
                                   ANNE L. KILBANE, JUDGE
 
 
KENNETH A. ROCCO, P.J., CONCURS
 
PATRICIA A. BLACKMON, J., CONCURS
 
 
 
.