[Cite as State ex rel. Green v. Saffold, 2014-Ohio-3242.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101151
STATE EX REL. ERIC D. GREEN
RELATOR
vs.
JUDGE SHIRLEY S. SAFFOLD
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 474018
Order No. 476170
RELEASE DATE: July 22, 2014
FOR RELATOR
Eric D. Green
Inmate #A573-121, Grafton
2500 S. Avon Belden Road
Grafton, OH 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant Prosecuting Attorney
Justice Center - 9th Floor
1200 Ontario Street
Cleveland, OH 44113
KENNETH A. ROCCO, P.J.:
{¶1} Relator, Eric D. Green, petitions this court to compel the respondent judge
to dispose of his motion for jail-time credit filed in State v. Green, Cuyahoga C.P. No.
CR-09-522075-A filed on October 17, 2013.
{¶2} Respondent has filed a motion for summary judgment citing numerous
procedural deficiencies in Green’s petition and also attached a copy of a journal entry
issued by respondent that granted Green’s motion for jail-time credit on April 2, 2014.
Specifically, respondent asserts that Green failed to comply with the requirements of R.C.
2969.25(C), Civ.R. 10, and Loc.App.R. 45. Respondent’s motion for summary judgment
is granted based on the procedural deficiencies in Green’s petition. Further, Green is not
entitled to a writ of procedendo because the action is 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, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, respondent’s motion for summary judgment is granted. Relator
to pay costs; costs waived. The clerk is directed to serve upon the parties notice of this
judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶4} Writ denied.
__________________________________________
KENNETH A. ROCCO, PRESIDING JUDGE
MARY EILEEN KILBANE, J., and
PATRICIA ANN BLACKMON, J., CONCUR