State ex rel. Quarterman v. Gaul

2014 Ohio 1248

Opinion

[Cite as State ex rel. Quarterman v. Gaul, 2014-Ohio-1248.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100922

STATE OF OHIO EX REL., ALLEN QUARTERMAN RELATOR

vs.

JUDGE DANIEL GAUL RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 472245 Order No. 473142

RELEASE DATE: March 25, 2014 FOR RELATOR

Allen Quarterman, pro se Inmate No. 642-873 P.O. Box 8107 Mansfield, OH 44901

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor

BY: James E. Moss Assistant County Prosecutor The Justice Center, 9th Floor 1200 Ontario Street Cleveland, OH 44113 EILEEN A. GALLAGHER, P.J.:

{¶1} On January 22, 2014, the relator, Allen Quarterman, commenced this

mandamus action against the respondent, Judge Daniel Gaul, to compel the judge to rule

on a motion for jail-time credit that Quarterman filed on August 30, 2013, in the 1 underlying case, State v. Quarterman, Cuyahoga C.P. No. CR-11-555106-A.

Quarterman asserts that he is entitled to an additional 62 days of jail-time credit for time

spent at the Community Assessment Treatment Center. On February 12, 2014, the

respondent judge moved for summary judgment because of mootness and pleading

deficiencies. Attached to the dispositive motion is a copy of a certified January 30, 2014

journal entry denying any jail-time credit for inpatient drug treatment but granting 142

days of jail-time credit in the underlying case. Quarterman did not file a timely

response. The journal entry establishes that Quarterman has received his requested relief

and the judge has fulfilled his duty to resolve the outstanding motion. This matter is

moot.

{¶2} Relator also did not comply with R.C. 2969.25(C) that 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 is sufficient reason to deny the

mandamus, deny indigency status and assess costs against the relator. Hazel v. Knab,

1 In the underlying case, Quarterman pleaded guilty to burglary and domestic violence, and the judge sentenced him to 18 months of community control sanctions. On July 3, 2013, the judge sentenced him to 18 months at the Lorain Correctional Institution for violating those sanctions and gave him 135 days of jail-time credit. 130 Ohio St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378.

{¶3} Accordingly, this court grants the respondent judge’s motion for summary

judgment and denies the application for a writ of mandamus. Relator to pay costs.

This court directs the clerk of court to serve all parties notice of this judgment and its date

of entry upon the journal as required by Civ.R. 58(B).

EILEEN A. GALLAGHER, PRESIDING JUDGE

EILEEN T. GALLAGHER, J., and MELODY J. STEWART, J., CONCUR