State ex rel. Goldsby v. Donnelly

2013 Ohio 2921

• Court: Ohio Court of Appeals
• Decided: July 1, 2013
• Docket: 99863
• Status: Published

Opinion

[Cite as State ex rel. Goldsby v. Donnelly, 2013-Ohio-2921.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99863

STATE, EX REL., PHILLIP GOLDSBY RELATOR

vs.

JUDGE MICHAEL P. DONNELLY RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 465360 Order No. 466033

RELEASE DATE: July 1, 2013 FOR RELATOR

Phillip Goldsby, pro se 13521 Rugby Ave. Cleveland, OH 44110

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor

James E. Moss Assistant County Prosecutor 9th Floor, Justice Center 1200 Ontario Street Cleveland, OH 44113 TIM McCORMACK, J.:

{¶1} On May 3, 2013, the relator, Phillip Goldsby, commenced this procedendo

action against the respondent, Judge Michael Donnelly, to compel the judge to issue final,

appealable orders for two motions for jail-time credit that he filed on September 19, 2012,

and March 22, 2013, in the underlying case, State v. Goldsby, Cuyahoga C.P. No.

CR-559356. He maintains that he is entitled to 86 days of jail-time credit.

{¶2} On May 28, 2013, the respondent moved for summary judgment on the

grounds of mootness. The docket of the underlying case shows that on March 5, 2013,

the respondent judge resolved the September 19, 2012 motion by granting him 25 days of

credit and, on April 5, 2013, resolved the March 22, 2013 motion by granting him a total

of 27 days of credit. Moreover, attached to the dispositive motion was a certified copy

of a journal entry, file-stamped May 15, 2013, in the underlying case, granting Goldsby a

total of 71 days of credit. The Ohio Department of Rehabilitation and Correction’s

website shows that Goldsby was released from prison on May 22, 2013. Goldsby never

filed a response to the motion for summary judgment. Thus, Goldsby has received his

requested relief, and this action is moot. State ex rel. Corder v. Wilson, 68 Ohio App.3d

567, 589 N.E.2d 113 (10th Dist.1991).

{¶3} Additionally, the relator failed to support his complaint with an affidavit

“specifying the details of the claim” as required by Loc.App.R. 45(B)(1)(a). State ex rel.

Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402; State ex rel. Wilson v. Calabrese, 8th Dist. No. 70077, 1996 Ohio App.

LEXIS 6213 (Jan. 18, 1996).

{¶4} Accordingly, the court grants the respondent’s motion for summary

judgment and denies the writ. Costs assessed against the relator. This court directs the

Clerk of the Cuyahoga County Court of Appeals to serve upon the parties notice of this

judgment and its date of entry upon the journal. Civ.R. 58(B).

TIM McCORMACK, JUDGE

LARRY A. JONES, SR., P.J., and EILEEN T. GALLAGHER, J., CONCUR