COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 84507
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
CHARLES A. WALKER            :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE TIMOTHY MCCORMICK      :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           JUNE 22, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF PROCEDENDO
 
JUDGMENT:                         Writ Denied.
                                  Order No. 361092
                                  Motion No. 360598 and 359759
 
 
APPEARANCES:
 
For Relator:                      CHARLES WALKER, PRO SE
                                  Inmate No. A386-311
                                  Lake Erie Correctional Inst.
                                  P.O. Box 8000
                                  Conneaut, Ohio 44030-8000
 
 
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  BY: MATTHEW E. MEYER
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
Judge Sean Gallagher:
 
     On April 16, 2004, relator Charles A. Walker commenced this
 
procedendo action against Judge Timothy McCormick to compel him to
 
rule on his petition for post-conviction relief in State v. Walker,
 
Cuyahoga County Court of Common Pleas Case No. CR-383771, which was
 
filed on April 13, 2003. On June 1, 2004, Judge McCormick, through
 
the Cuyahoga County Prosecutor's Office, filed a consolidated
 
answer and a motion for summary judgment.
 
     Attached to the motion for summary judgment is a copy of a
 
journal entry which indicates that on May 26, 2004, Judge McCormick
 
denied Walker's petition for post-conviction relief thereby
 
rendering the petition for a writ of procedendo moot.     State ex
 
rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163;
 
State ex rel. Jerningham v. Cuyahoga Cty. Court of Common Pleas
 
(1996), 74 Ohio St.3d 278, 658 N.E.2d 723.
 
     Accordingly, we grant the respondent's motion for summary
 
judgment. Respondent to bear costs. It is further ordered that
 
the clerk shall serve upon all parties notice of this judgment and
 
date of entry pursuant to Civ.R. 58(B).
 
     Writ denied.
 
 
                                          SEAN C. GALLAGHER
                                                JUDGE
 
TIMOTHY E. MCMONAGLE, P.J., CONCURS
 
ANTHONY O. CALABRESE, JR., J., CONCURS
 
 
 
.