State ex rel. Waver v. McClelland

2014 Ohio 4221

Opinion

[Cite as State ex rel. Waver v. McClelland, 2014-Ohio-4221.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101605

STATE OF OHIO EX REL., JAMES WAVER

RELATOR

vs.

JUDGE ROBERT C. McCLELLAND RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 477050 Order No. 478069

RELEASE DATE: September 23, 2014 FOR RELATOR

James L. Waver, pro se Inmate No. A340-516 Grafton Correctional Institution 2500 South Avon-Belden Road Grafton, OH 44044

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 MELODY J. STEWART, J.:

{¶1} James Waver has filed a complaint for a writ of procedendo. Waver seeks

an order from this court that requires Judge Robert C. McClelland to render a ruling with

regard to a motion to correct jail-time credit filed in State v. Waver, Cuyahoga C.P. No.

CR-97-351032. We decline to issue a writ of procedendo on behalf of Waver.

{¶2} Waver’s request for a writ of procedendo is moot. Attached to Judge

McClelland’s motion for summary judgment is a copy of a journal entry, journalized on

July 22, 2014, which demonstrates that a ruling has been rendered with regard to the

motion to correct jail-time credit. Thus, Waver is not entitled to a writ of procedendo.

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, 6 Ohio St.3d 5, 450

N.E.2d 1163 (1983).

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

Costs to Judge McClelland. Costs waived. The court directs the clerk of courts 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.

MELODY J. STEWART, JUDGE

SEAN C. GALLAGHER, P.J., and PATRICIA ANN BLACKMON, J., CONCUR