Opinion
No. 103542
12-18-2015
STATE OF OHIO, EX REL. CRAIG COWAN RELATOR v. JUDGE SHANNON M. GALLAGHER RESPONDENT
FOR RELATOR Craig Cowan, pro se Inmate No. 622304 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, Ohio 44044 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus
Motion No. 490208
Order No. 491500
FOR RELATOR
Craig Cowan, pro se
Inmate No. 622304
Grafton Correctional Institution
2500 South Avon Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113 PATRICIA ANN BLACKMON, J.:
{¶1} Craig A. Cowan has filed a complaint for a writ of mandamus. Cowan seeks an order that requires Judge Shannon M. Gallagher to schedule and hold a resentencing hearing as ordered by this court in State v. Cowan, 8th Dist. Cuyahoga No. 101995, 2015-Ohio-2271. In Cowan, this court determined that postrelease control was improperly imposed and the appeal was remanded for the sole purpose of properly imposing postrelease control. Cowan's request for a writ of mandamus is moot.
{¶2} A review of the docket in Cuyahoga C.P. No. CR-11-550536 clearly demonstrates that Cowan was returned to Cuyahoga County Court of Common Pleas and that on November 13, 2015, he was resentenced for the sole purpose of imposing five years of mandatory postrelease control. Thus, Cowan is not entitled to a writ of mandamus. State ex rel. Dehler v. Kelly, 123 Ohio St.3d 297, 2009-Ohio-5259, 915 N.E.2d 1223; State ex rel. Fontanella v. Kantos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220.
{¶3} Accordingly, we grant Judge Gallagher's motion for summary judgment. Costs to Judge Gallagher. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied.
/s/_________
PATRICIA ANN BLACKMON, JUDGE LARRY A. JONES, SR., P.J., and
TIM McCORMACK, J., CONCUR