State ex rel. McCloud v. Villanueva

2012 Ohio 1362

• Court: Ohio Court of Appeals
• Decided: March 28, 2012
• Docket: 97790
• Status: Published

Opinion

[Cite as State ex rel. McCloud v. Villanueva, 2012-Ohio-1362.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97790

STATE OF OHIO, EX REL., RAYMOND A. MCCLOUD RELATOR

vs.

JUDGE JOSE A. VILLANUEVA RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 451399 Order No. 452810

RELEASE DATE: March 28, 2012 FOR RELATOR

Raymond A. McCloud, pro se Inmate No. 593-968 Belmont Correctional Inst. P. O. Box 540 St. Clairsville, OH 43950

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor

By: James E. Moss The Justice Center 1200 Ontario Street, 9th Floor Cleveland, OH 44113 MARY EILEEN KILBANE, J.:

{¶1} Raymond A. McCloud has filed a complaint for a writ of mandamus.

McCloud seeks an order from this court, which requires Judge Jose A. Villanueva to

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

captioned State v. McCloud, Cuyahoga Cty. C.P. No. CR-538847. McCloud’s request

for mandamus is moot.

{¶2} Attached to Judge Villanueva’s motion for summary judgment is a copy of a

journal entry, as journalized on September 7, 2011, which demonstrates that McCloud has

been granted jail-time credit in the amount of 174 days. McCloud’s request for a writ of

mandamus 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). In addition, any claim associated with the

calculation of jail-time credit must be addressed through a direct appeal. State ex rel.

Britton v. Foley-Jones, 8th Dist. No. 73646, 1998 WL 102458 (Mar. 5, 1998); State ex

rel. Spates v. Sweeney, 8th Dist. No. 73646, 1997 WL 186857 (Apr. 17, 1997).

{¶3} Accordingly, we grant Judge Villanueva’s motion for summary judgment.

Costs to McCloud. 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. MARY EILEEN KILBANE, JUDGE

KENNETH A. ROCCO, P.J., and KATHLEEN ANN KEOUGH, J., CONCUR