State ex rel. Pagan v. Saffold

2014 Ohio 3332

Opinion

[Cite as State ex rel. Pagan v. Saffold, 2014-Ohio-3332.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101364

STATE OF OHIO, EX REL. JOSE PAGAN

RELATOR

vs.

CUYAHOGA COUNTY COURT JUDGE SHIRLEY S. SAFFOLD RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 475665 Order No. 476878

RELEASE DATE: July 30, 2014 RELATOR

Jose Pagan, pro se #604-307, Grafton Correctional Institution 2500 S. Avon Belden Road Grafton, Ohio 44044

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 EILEEN A. GALLAGHER, P.J.:

{¶1} On May 12, 2014, the relator, Jose Pagan, commenced this procedendo action

against the respondent, Judge Shirley Strickland Saffold, to compel the judge to rule on

motions for jail-time credit that Pagan filed on November 7, 2013, in State v. Pagan,

Cuyahoga C.P. No. CR-11-546295-A, and on December 7, 2013, in State v. Pagan,

Cuyahoga C.P. No. CR-10-537242-A. On June 10, 2014, the respondent judge moved for

summary judgment on the grounds of mootness. Attached to this dispositive motion

were copies of certified, file-stamped journal entries granting Pagan a total of 238 days of

jail-time credit in Case No. CR-10-537242-A and a total of 12 days in Case No.

CR-11-546295-A. Pagan never filed a response. These journal entries establish that the

respondent judge proceeded to judgment on the subject motions and this procedendo

action is moot.

{¶2} 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-4699,

914 N.E.2d 402; State ex rel. Wilson v. Calabrese, 8th Dist. Cuyahoga No. 70077, 1996

Ohio App. LEXIS 6213 (Jan. 18, 1996).

{¶3} Relator also did not comply with R.C. 2969.25(C), which requires that an

inmate file a certified statement from his prison cashier setting forth the balance in his

private account for each of the preceding six months. This also is sufficient reason to

deny the writ, deny indigency status and assess costs against the relator. State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842, and Hazel v

Knab, 130 Ohio St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378.

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

and denies the writ. Relator to pay costs. This court directs the clerk of the Eighth District

Court of Appeals to serve upon the parties notice of this judgment and its date of entry

upon the journal. Civ.R. 58(B).

{¶5} Writ denied.

EILEEN A. GALLAGHER, PRESIDING JUDGE

PATRICIA ANN BLACKMON, J., and MELODY J. STEWART, J., CONCUR