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State ex rel. Calo v. Gallagher
Citation: 2022 Ohio 3435Docket: 111804
Court: Ohio Court of Appeals; September 27, 2022; Ohio; State Appellate Court
Original Court Document: View Document
Dennis Calo filed a complaint for a writ of procedendo and mandamus against Judge Hollie Gallagher, seeking to compel her to rule on a motion to vacate an illegal conviction and sentence from his case (State v. Calo, Cuyahoga C.P. No. CR-83-186387-B) that was filed on October 28, 2019. Judge Gallagher's summary judgment motion was granted, which included a judgment entry dated August 19, 2022, denying Calo's motion. The court found the writ request moot, as procedendo or mandamus cannot compel a duty already performed. Additionally, Calo's complaint was deemed defective for failure to comply with R.C. 2969.25(C), which requires a certified statement from the institutional cashier regarding the inmate's account balance for the past six months. The court noted that this defect cannot be rectified through an amended complaint. Consequently, Judge Gallagher's motion for summary judgment was granted, and the writ was denied with cost waivers. The court instructed the clerk to notify all parties of the judgment.