State ex rel. Nelson v. Astrab

2011 Ohio 5838

• Court: Ohio Court of Appeals
• Decided: November 10, 2011
• Docket: 97338
• Status: Published

Opinion

[Cite as State ex rel. Nelson v. Astrab, 2011-Ohio-5838.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97338

STATE OF OHIO, EX REL., J. C. NELSON RELATOR

vs.

MICHAEL ASTRAB, JUDGE RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 448615 Order No. 448942

RELEASE DATE: November 8, 2011 2

ATTORNEY FOR RELATOR

J. C. Nelson, pro se Inmate #A-491-417 Grafton Correctional Institution 1800 S. Avon-Belden Road Grafton, Ohio 44044

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor

By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 EILEEN A. GALLAGHER, J.:

{¶ 1} J.C. Nelson has filed a complaint for a writ of mandamus. Nelson seeks an

order from this court that requires Judge Michael Astrab to render a ruling with regard to a

motion for jail-time credit as filed in State v. Nelson, Cuyahoga County Court of Common

Pleas Case No. CR-466734. Judge Astrab has filed a motion for summary judgment, which 1

is granted for the following reason.

1Pursuant to Civ.R. 25(D)(1), Judge Michael Astrab is substituted for the judge that was originally assigned to the underlying case. 3

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

judgment entry, as journalized on October 14, 2011, which granted Nelson’s motion for

jail-time credit in the amount of 77 days. Nelson’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 (1983), 6 Ohio St.3d 5, 450

N.E.2d 1163. In addition, any error associated with the calculation of jail-time credit must be

addressed through an appeal. State ex rel. Britton v. Foley-Jones (Mar. 5, 1998), Cuyahoga

App. No. 73646; State ex rel. Spates v. Sweeney (Apr. 17, 1997), Cuyahoga App. No. 71986.

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

awarded to Nelson; costs waived. 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.

__________________________________________ EILEEN A. GALLAGHER, JUDGE

MARY J. BOYLE, P.J., and FRANK D. CELEBREZZE, JR., J., CONCUR