COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85929
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
PETER WILLIAM MAYES          :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE CHRISTOPHER BOYKO      :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           MAY 4, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF PROCEDENDO
 
JUDGMENT:                         Dismissed.
                                  Motion No. 368646 and 369972
                                  Order No. 370704
 
 
 
APPEARANCES:
 
For Relator:                      PETER W. MAYES
                                  Inmate No. 442-575
                                  P.O. Box 7010
                                  Chillicothe, Ohio 45601-7010
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: T. ALLAN REGAS
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
JUDGE MICHAEL J. CORRIGAN:
 
    Peter William Mayes has filed a complaint for a writ of
 
procedendo. Mayes seeks an order from this court which requires
 
Judge Christopher Boyko to rule on the following motions that were
 
filed in the underlying criminal action of State v. Mayes, Cuyahoga
 
County Court of Common Pleas Case No. CR-422426: (1) "Petition to
 
Vacate and Set Aside Sentence-filed Sept. 12, 2003"; (2) "Motion
 
for Appointment of Counsel-filed Sept. 12, 2003"; (3) "Motion for
 
Expert Assistance-filed Sept. 12, 2003"; (4) Motion to Strike
 
Plaintiff's Brief in Opposition-filed Oct. 27, 2003"; (5) "Motion
 
for Leave to the Court to Incorporate the Foregoing Motions:
 
Amendment to Appendixes and Motion to Amend Post-Conviction Relief
 
Petition-filed July 9, 2004"; (6) Motion for Leave for and Order to
 
Release Transcripts-filed Sept. 13, 2004"; (7) "Motion for Leave to
 
the Court to Incorporate the Foregoing Motion: Motion for
 
Production of Evidence-filed Oct. 1, 2004"; and (8) "Defendants
 
Rebuttal to State's Supplemental Brief in Opposition to Defendant's
 
Motion to Set Aside Verdict-filed Nov. 26, 2004". Judge Boyko has
 
filed a motion to dismiss.
 
    Attached to the motion to dismiss are copies of judgment
 
entries, as journalized on March 21, 2005, which demonstrate that
 
Judge Boyko has issued a ruling with regard to each of Mayes     '
 
pending motions. Mayes' complaint for a writ of procedendo is thus
 
moot. State ex rel. Grove v. Nadel, 84 Ohio St. 3d 252, 1998-Ohio-
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
541, 703 N.E.2d 304; State ex rel. Konoff v. Shafer, 80 Ohio St.3d
 
294, 1997-Ohio-119, 685 N.E.2d 1248; Martin v. Judges of the Lucas
 
Cty. Court of Common Pleas (1990), 50 Ohio St.3d 71, 532 N.E.2d
 
906.
 
     Accordingly, we grant Judge Boyko's motion to dismiss. Costs
 
to Judge Boyko. It is further ordered that the Clerk of the Eighth
 
District Court of Appeals shall serve notice of this judgment upon
 
all parties as required by Civ.R. 58(B).
 
     Dismissed.
 
 
 
                                        MICHAEL J. CORRIGAN
                                              JUDGE
 
DIANE KARPINSKI, P.J., CONCURS
 
ANTHONY O. CALABRESE, JR., J., CONCURS
 
.