State ex rel. McMichael v. Saffold

2013 Ohio 1568

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99626

STATE OF OHIO, EX REL.,

BRIAN MCMICHAEL

RELATOR

vs.

SHIRLEY STRICKLAND SAFFOLD, JUDGE

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Mandamus

Motion No. 463445

Order No. 463660

RELEASE DATE: April 15, 2013

FOR RELATOR

Brian McMichael Inmate No. 632-186 Marion Correctional Institution P.O. Box 57 Marion, Ohio 43301

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor

BY: James E. Moss Assistant Prosecuting Attorney The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113

LARRY A. JONES, SR., P.J.:

{¶1} Brian McMichael has filed a complaint for a writ of mandamus. McMichael seeks an order from this court that requires Judge Shirley Strickland-Saffold to issue a ruling with regard to a motion for jail-time credit that was filed in State v. McMichael, Cuyahoga C.P. No. CR-555981. In addition, McMichael seeks findings of fact and conclusions of law with regard to his motion for jail-time credit. We decline to issue a writ of mandamus on behalf of McMichael.

{¶2} Attached to Judge Saffold’s motion for summary judgment is a copy of a journal entry journalized on March 14, 2013, which demonstrates that a ruling has been rendered with regard to McMichael’s motion for jail-time credit. The request for a writ of mandamus is moot. 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, Judge Saffold possesses no clear duty to render findings of fact and conclusions of law with regard to ruling on McMichael’s motion for jail-time credit. State ex rel. Haines v. Sutula, 8th Dist. No. 96429, 2011-Ohio-1968; State ex rel. Jefferson v. Russo, 8th Dist. No. 90682, 2008-Ohio-135.

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

Costs to McMichael. The courts directs the clerk of court 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.

LARRY A. JONES, SR., PRESIDING JUDGE

KATHLEEN ANN KEOUGH, J., and PATRICIA ANN BLACKMON, J., CONCUR