State Ex Rel. Washington v. McMonagle, 91477 (7-30-2008)

JOURNAL ENTRY AND OPINION

Bennie Washington, the relator, has filed a complaint for a writ of mandamus. Washington seeks an order from this court which requires Judge Timothy McMonagle, the respondent, to render rulings with regard to a petition for post-conviction relief and a motion to dismiss the indictment for delay of a preliminary hearing filed in State v.Washington, Cuyahoga County Court of Common Pleas Case No. CR-458183. Judge McMonagle has filed a motion for summary judgment, which we grant for the following reasons.

Initially, we find that Washington's complaint for a writ of…