COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85601
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
JOSEPH JAMES McGRATH         :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
PARMA MUNICIPAL COURT        :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           MARCH 14, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS/PROHIBITION
 
JUDGMENT:                         Denied.
                                  Motion No. 368366
                                  Order No. 369113
 
 
 
APPEARANCES:
 
For Relator:                      JOSEPH J. MCGRATH, pro se
                                  11041 Fairlawn Dr.
                                  Parma, Ohio 44130
 
 
For Respondent:                   TIMOTHY G. DOBECK
                                  Law Director/Chief Prosecutor
                                  City of Parma
                                  6611 Ridge Road
                                  Parma, Ohio 44129
 
                                  BRUCE M. COUREY
                                  Assistant Law Director
                                  City of Parma
                                  6611 Ridge Road
                                  Parma, Ohio 44129
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
 
 
Judge Karpinski:
 
     On November 26, 2004, the petitioner, Joseph James McGrath,
 
commenced this writ action against the respondent, the Parma
 
Municipal Court. Mr. McGrath seeks prohibition to dismiss the
 
underlying case, City of Parma v. Joseph J. McGrath        , Parma
 
Municipal Court Case No. 04TRD00417, for lack of jurisdiction. He
 
also seeks mandamus to compel the Parma Municipal Court to issue
 
findings of fact and conclusions of law to explain its denial of
 
his motion to dismiss the underlying case for lack of a speedy
 
trial. On January 31, 2005, the Parma Municipal Court moved to
 
dismiss his appeal, on the grounds of mootness. Mr. McGrath never
 
filed a brief in opposition. For the following reasons, this court
 
grants  the  respondent's   motion to dismiss and denies the
 
applications for writs of prohibition and mandamus.
 
     Mr. McGrath alleges that on January 22, 2004, the Parma Police
 
Department charged him with traffic citations, as well as a felony.
 
He was convicted of the felony charge in the common pleas court and
 
sentenced to one year of incarceration, but the traffic citations
 
remained pending in the underlying case. Since his felony
 
conviction he has been trying to resolve the traffic citations. He
 
moved to dismiss them for lack of a speedy trial, pursuant to R.C.
 
2945.71, et seq. The Parma Municipal Court denied that motion, but
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
refused to issue findings of fact and conclusions of law, both of
 
which Mr. McGrath maintains he needs in order to appeal that
 
ruling. He also alleges that he moved to dismiss the charges
 
pursuant to R.C. 2941.401, which provides that a person who is in
 
prison with outstanding criminal charges must be brought to trial
 
within 180 days after the person provides the prosecuting attorney
 
and the court with written notice of imprisonment and a request to
 
resolve the charges. If the person properly applies for this
 
relief and the charges are not timely resolved, then the court
 
loses jurisdiction over those charges. The Parma Municipal Court
 
has not brought Mr. McGrath to trial.
 
     However, attached to the respondent's motion to dismiss is a
 
certified copy of a journal entry file-stamped on January 21, 2005.
 
The journal entry indicates the court dismissed the charges upon
 
the prosecutor's request to nolle them. This journal entry
 
establishes that the charges have been resolved and that Mr.
 
McGrath's applications for writs of mandamus and prohibition are
 
moot.
 
     Accordingly, this court grants the motion to dismiss and
 
denies the applications for writs of mandamus and prohibition.
 
Costs assessed against petitioner. The clerk is directed to serve
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -4-
 
upon the parties notice of this judgment and its date of entry upon
 
the journal. Civ.R. 58(B).
 
 
 
                                         DIANE KARPINSKI
                                              JUDGE
 
JAMES J. SWEENEY, P.J., CONCURS
 
CHRISTINE T. MCMONAGLE, J., CONCURS
 
.