State ex rel. Bobo v. McDonnell

2011 Ohio 5840

• Court: Ohio Court of Appeals
• Decided: November 10, 2011
• Docket: 97370
• Status: Published

Opinion

[Cite as State ex rel. Bobo v. McDonnell, 2011-Ohio-5840.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97370

STATE OF OHIO, EX REL. VICTOR BOBO RELATOR

vs.

JUDGE NANCY McDONNELL, ET AL. RESPONDENTS

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 448813 Order No. 448900

RELEASE DATE: November 8, 2011 FOR RELATOR Victor Bobo, pro se Cuyahoga County Jail P.O. Box 5600 Cleveland, Ohio 44101

ATTORNEYS FOR RESPONDENTS

William D. Mason Cuyahoga County Prosecutor James E. Moss Assistant Prosecuting Attorney The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Victor Bobo has filed a complaint for a writ of mandamus. Bobo

seeks an order from this court, which requires Judge Nancy McDonnell to

render a ruling with regard to a motion for jail-time credit as filed in the

criminal case of State v. Bobo, Cuyahoga County Court of Common Pleas Case

No. CR-544152. Bobo also seeks an order that requires the Cuyahoga

County Sheriff to provide him with additional jail-time credit in the amount

of ten days.

{¶ 2} Attached to the joint motion for summary judgment, as filed by

Judge McDonnell and the Cuyahoga County Sheriff, is a copy of a journal

entry, as journalized on October 21, 2011, which demonstrates that Bobo has

been granted an additional ten days of jail-time credit for a total of 212 days

of jail-time credit. Bobo’s request for mandamus is thus moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278,

1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio

St.3d 5, 450 N.E.2d 1163. In addition, the Cuyahoga County Sheriff

possesses no duty to calculate jail-time credit. State ex rel. Dunbar v.

Saffold, Cuyahoga App. No. 89260, 2007-Ohio-1143; State ex rel. Griffin v.

McFaul, Cuyahoga App. No. 84360, 2004-Ohio-3863.

{¶ 3} Accordingly, we grant the respondents’ motion for summary

judgment. Costs awarded to Bobo with costs waived. It is further ordered

that the Clerk of the Eighth District Court of Appeals serve notice of this

judgment upon all parties as required by Civ.R. 58(B).

Writ denied.

FRANK D. CELEBREZZE, JR., JUDGE

MELODY J. STEWART, P.J., and EILEEN A. GALLAGHER, J., CONCUR