Opinion
113194
10-20-2023
STATE EX REL., DANIEL WEAVER, Relator, v. JUDGE BRENDAN SHEEHAN ADMINISTRATIVE/PRESIDING JUDGE, Respondent.
Deanna Robertson, for relator. Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent.
Writ of Procedendo Motion No. 568555 Order No. 568668
Deanna Robertson, for relator.
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent.
JOURNAL ENTRY AND OPINION
EMANUELLA D. GROVES, J.
{¶1} Daniel Weaver, the relator, has filed a complaint for a writ of procedendo. Weaver seeks an order from this court that compels Judge Brendan Sheehan, the respondent, to render a ruling with regard to an application for expungement/sealing of the criminal conviction, filed November 6, 2020, in State v. Weaver, Cuyahoga C.P. No. CR-20-654316-A. Judge Sheehan has filed a motion for summary judgment that is granted.
{¶ 2} Attached to the motion for summary judgment is a copy of judgment entry, journalized October 12, 2023, which demonstrates that Judge Sheehan has granted Weaver's application for expungement/sealing of the criminal conviction in CR-20-654316-A. Relief is unwarranted because the request for a writ of procedendo is moot. Procedendo will not compel the performance of a duty that has already been performed. State ex rel. Ames v. Pokorny, 164 Ohio St.3d 538, 2021-Ohio-2070, 173 N.E.3d 1208; Thompson v. Donnelly, 155 Ohio St.3d 184, 2018-Ohio-4073, 119 N.E.3d 1292; State ex rel S.Y.C. v. Floyd, 8th Dist. Cuyahoga No. 109602, 2020-Ohio-5189. See also State ex rel. Williams v. Croce, 153 Ohio St.3d 348, 2018-Ohio-2703, 106 N.E.3d 55; State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49; State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220.
{¶ 3} Writ denied.
MARY EILEEN KILBANE, P.J., and MARY J. BOYLE, J., CONCUR