State ex rel. Tyus v. Gaul

2012 Ohio 2319

• Court: Ohio Court of Appeals
• Decided: May 18, 2012
• Docket: 98069
• Status: Published

Opinion

[Cite as State ex rel. Tyus v. Gaul, 2012-Ohio-2319.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98069

STATE OF OHIO EX REL., DEREK TYUS RELATOR

vs.

DANIEL GAUL, JUDGE RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 453704 Order No. 454688

RELEASE DATE: May 18, 2012 FOR RELATOR

Derek Tyus, Pro Se Inmate No. 510-752 Lake Erie Correctional Institution 501 Thompson Road Conneaut, OH 44030

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor

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

{¶1} On March 8, 2012, the relator, Derek Tyus, commenced this mandamus

action against the respondent, Judge Daniel Gaul, to compel him to rule on a motion for

jail-time credit, filed on November 22, 2010, in the underlying case, State v. Tyus,

Cuyahoga C.P. No. CR-476987 (July 10, 2006). On March 28, 2012, the respondent

moved for summary judgment on the grounds of mootness. Attached to the dispositive

motion was a copy of a March 13, 2012 journal entry granting Tyus a total of 159 days

credit in the underlying case. Tyus never filed a response. This establishes that Tyus

has received his requested relief and that the action is, therefore, moot. State ex rel.

Corder v. Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist.1991).

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

and denies the application for a writ of mandamus. Respondent 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).

{¶3} Writ denied.

MELODY J. STEWART, PRESIDING JUDGE

COLLEEN CONWAY COONEY, J., and EILEEN A. GALLAGHER, J., CONCUR