COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 86085
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
LUIS RIVERA                  :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
HONORABLE KENNETH R.         :
CALLAHAN, JUDGE              :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           MAY 2, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF PROCEDENDO
 
JUDGMENT:                         Writ Dismissed.
                                  Motion No. 369847 and 370215
                                  Order No. 370608
 
 
 
APPEARANCES:
 
For Relator:                      LUIS RIVERA, pro se
                                  Inmate No. 433-365
                                  Mansfield Correctional Inst.
                                  P.O. Box 788
                                  Mansfield, Ohio 44901-0788
 
 
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 ANTHONY O. CALABRESE, JR.:
 
     Relator requests that this court compel respondent judge to
 
issue a ruling with respect to the motion to withdraw guilty plea
 
filed by relator in State v. Rivera, Cuyahoga County Court of
 
Common Pleas Case No. CR-310488, on July 25, 2003.
 
     Respondent has filed a motion to dismiss, attached to which is
 
a copy of the journal entry denying Rivera's motion to withdraw
 
guilty plea and received for filing by the clerk on March 25, 2005.
 
Relator has not opposed the motion. Respondent argues that this
 
action in procedendo is, therefore, moot. We agree.
 
     We note that dismissal is appropriate in this case despite the
 
fact that the motion to dismiss may only be maintained by
 
considering matters outside the pleading. Civ.R. 12(B) and 56. A
 
court may take judicial notice of mootness.    "In fact, `an event
 
that causes a case to be moot may be proved by extrinsic evidence
 
outside the record.' Pewitt v. Lorain Correctional Inst. (1992),
 
64 Ohio St.3d 470, 472, 597 N.E.2d 92,94." State ex rel. Nelson v.
 
Russo (2000), 89 Ohio St.3d 227, 228, 2000-Ohio-141, 729 N.E.2d
 
1181. As a consequence, we take judicial notice of the mootness of
 
this action in light of the fact that respondent denied the motion
 
to withdraw guilty plea.
 
     Accordingly, respondent's motion to dismiss is granted.
 
Respondent to pay costs. The clerk is directed to serve upon the
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                              -3-
 
parties notice of this judgment and its date of entry upon the
 
journal. Civ.R. 58(B).
 
    Writ dismissed.
 
 
 
                                   ANTHONY O. CALABRESE, JR.
                                           JUDGE
 
JAMES J. SWEENEY, P.J., CONCURS
 
DIANE KARPINSKI, J., CONCURS
 
 
 
.