State ex rel. Clayton v. Strickland-Saffold

2014 Ohio 4099

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101681

STATE EX REL., CONRAD CLAYTON RELATOR

vs.

JUDGE SHIRLEY STRICKLAND-SAFFOLD RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Mandamus

Motion No. 477516

Order No. 477892

RELEASE DATE: September 12, 2014

FOR RELATOR

Conrad Clayton, pro se No. 642-581 Trumbull Correctional Camp P.O. Box 640 Leavittsburg, Ohio 44430

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

KATHLEEN ANN KEOUGH, J.:

{¶1} Conrad Clayton has filed a complaint for a writ of mandamus. Clayton seeks an order from this court that requires Judge Shirley Strickland Saffold to render a ruling with regard to a motion for jail-time credit filed in State v. Clayton, Cuyahoga C.P. No. CR-570339. We decline to issue a writ of mandamus on behalf of Clayton.

{¶2} Clayton’s request for a writ of mandamus is moot. Attached to the Judge Saffold’s motion for summary judgment is a copy of a journal entry, journalized on August 11, 2014, which demonstrates that a ruling has been rendered with regard to the motion for jail-time credit. Thus, Clayton is not entitled to a writ of mandamus. 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, we grant Judge Saffold’s motion for summary judgment.

Costs to Judge Saffold. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).

{¶4} Writ denied.

KATHLEEN ANN KEOUGH, JUDGE

FRANK D. CELEBREZZE, JR., P.J., and LARRY A. JONES, SR., J., CONCUR