State ex rel. Fagan v. Saffold

2014 Ohio 1089

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100882

STATE EX REL., JOHNATHAN FAGAN RELATOR

vs.

JUDGE SHIRLEY STRICKLAND SAFFOLD RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Mandamus

Motion No. 471929

Order No. 472676

RELEASE DATE: March 14, 2014

FOR RELATOR

Johnathan Fagan, pro se Inmate No. 602-079 Lake Erie Correctional Institution P.O. Box 8000 Conneaut, Ohio 44030-8000

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113

MARY EILEEN KILBANE, J.:

{¶1} On January 14, 2014, the relator, Johnathan Fagan, commenced this mandamus action against the respondent, Judge Shirley Strickland Saffold, to compel the judge to resolve the issue of jail-time credit, in the underlying case, State v. Fagan, Cuyahoga C.P. No. CR-546219. On January 31, 2014, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a signed and file-stamped January 22, 2014 journal entry granting 117 days of jail-time credit in the underlying case. Fagan did not timely file a response to the motion for summary judgment. This establishes that the relator has received his requested relief and that the action is, therefore, moot. State ex rel. Corder v. Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist.1991).

{¶2} Accordingly, the court grants the respondent’s motion for summary judgment and denies the application for a writ of mandamus. Costs assessed against respondent; costs waived. 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).

{¶3} Writ denied.

MARY EILEEN KILBANE, JUDGE

SEAN C. GALLAGHER, P.J., and MELODY J. STEWART, J., CONCUR