State ex rel. Brown v. Corrigan

2014 Ohio 2067

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101065

STATE OF OHIO, EX REL.

DEMETRIUS BROWN

RELATOR

vs.

JUDGE PETER CORRIGAN

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Procedendo

Motion No. 473367

Order No. 474148

RELEASE DATE: May 12, 2014

FOR RELATOR

Demetrius Brown, pro se No. 502-975 P.O. Box 7010 Chillicothe, Ohio 45601

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113

MARY J. BOYLE, A.J.:

{¶1} Relator, Demetrius Brown, petitions this court to compel respondent judge to dispose of his motion for jail-time credit filed in State v. Brown, Cuyahoga C.P. No. CR-05-464069-A, on February 3, 2014.

{¶2} Respondent has filed a motion for summary judgment citing numerous procedural deficiencies in Brown’s petition and also attaching a copy of a journal entry issued by respondent that granted Brown’s motion for jail-time credit on February 11, 2014. Specifically, respondent asserts that Brown failed to comply with the requirements of R.C. 2969.25(C), Civ.R. 10, Loc.App.R. 45, and R.C. 2969.25. Relator has not opposed respondent’s motion. Respondent’s motion for summary judgment is granted based on the procedural deficiencies in Brown’s petition. Further, Brown is not entitled to a writ of procedendo because the action is 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, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).

{¶3} Accordingly, respondent’s motion for summary judgment is granted.

Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).

Writ denied.

_____________________________________________

MARY J. BOYLE, ADMINISTRATIVE JUDGE

PATRICIA ANN BLACKMON, J., and TIM McCORMACK, J., CONCUR