State ex rel. Glaze v. Saffold

[Cite as State ex rel. Glaze v. Saffold, 2013-Ohio-378.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98872

STATE OF OHIO EX REL., ISAIAH GLAZE RELATOR

vs.

JUDGE SHIRLEY STRICKLAND SAFFOLD RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 458815 Order No. 461943

RELEASE DATE: February 6, 2013

FOR RELATOR

Isaiah Glaze, Pro Se Inmate No. 620541 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, 8th Floor 1200 Ontario Street Cleveland, OH 44113

MELODY J. STEWART, A.J.:

{¶1} On August 29, 2012, the relator, Isaiah Glaze, commenced this mandamus action against the respondent, Judge Shirley Strickland Saffold, to compel the judge to rule on his motion for jail-time credit, filed on May 4, 2012, in the underlying case, State v. Glaze, Cuyahoga C.P. No. CR-543847. On September 24, 2012, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a signed and file-stamped September 20, 2012 journal entry granting 32 days of jail-time credit in the underlying case. Glaze did not file a response to the summary judgment motion. This establishes that the relator has received his requested relief and that the action is, therefore, moot. To the extent that Glaze may wish to dispute the amount of credit, his remedy is or was by way of appeal. State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49; and State ex rel. Corder v. Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist.1991).

{¶2} Accordingly, the court grants the respondent’s motion for summary judgment and denies the application for a writ of mandamus. Costs assessed against respondent; costs waived. 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).

MELODY J. STEWART, ADMINISTRATIVE JUDGE

MARY J. BOYLE, J., and SEAN C. GALLAGHER, J., CONCUR