James v. Callahan, 89654 (5-8-2007)

JOURNAL ENTRY AND OPINION

{¶ 1} On April 3, 2007, the petitioner, Jerold James, commenced this procedendo action against the respondent, Judge Kenneth Callahan, to compel the judge to rule on a postconviction relief petition which James filed in the underlying case, State v. James, Cuyahoga County Common Pleas Court Case No. CR-436676. James asserts that he filed his petition on October 5, 2006, and moved for summary judgment on the petition on June 27, 2006. He further alleges that the petition attacks his unconstitutional sentencing under Blakely v. Washington (2004),542 U.S. 296, 124 S. Ct.…