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State ex rel. Bobo v. McDonnell
[Cite as State ex rel. Bobo v. McDonnell, 2011-Ohio-5840.]
Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION No. 97370
STATE OF OHIO, EX REL. VICTOR BOBO RELATOR
vs.
JUDGE NANCY McDONNELL, ET AL. RESPONDENTS
JUDGMENT: WRIT DENIED
Writ of Mandamus Motion No. 448813 Order No. 448900
RELEASE DATE: November 8, 2011 FOR RELATOR
Victor Bobo, pro se Cuyahoga County Jail P.O. Box 5600 Cleveland, Ohio 44101
ATTORNEYS FOR RESPONDENTS
William D. Mason Cuyahoga County Prosecutor James E. Moss Assistant Prosecuting Attorney The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.:
{¶ 1} Victor Bobo has filed a complaint for a writ of mandamus. Bobo seeks an order from this court, which requires Judge Nancy McDonnell to render a ruling with regard to a motion for jail-time credit as filed in the criminal case of State v. Bobo, Cuyahoga County Court of Common Pleas Case No. CR-544152. Bobo also seeks an order that requires the Cuyahoga County Sheriff to provide him with additional jail-time credit in the amount of ten days.
{¶ 2} Attached to the joint motion for summary judgment, as filed by Judge McDonnell and the Cuyahoga County Sheriff, is a copy of a journal entry, as journalized on October 21, 2011, which demonstrates that Bobo has been granted an additional ten days of jail-time credit for a total of 212 days of jail-time credit. Bobo’s request for mandamus is thus moot. 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 (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. In addition, the Cuyahoga County Sheriff possesses no duty to calculate jail-time credit. State ex rel. Dunbar v. Saffold, Cuyahoga App. No. 89260, 2007-Ohio-1143; State ex rel. Griffin v. McFaul, Cuyahoga App. No. 84360, 2004-Ohio-3863.
{¶ 3} Accordingly, we grant the respondents’ motion for summary judgment. Costs awarded to Bobo with costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B).
Writ denied.
FRANK D. CELEBREZZE, JR., JUDGE
MELODY J. STEWART, P.J., and EILEEN A. GALLAGHER, J., CONCUR