[Cite as State ex rel. Quarterman v. Gaul, 2014-Ohio-1248.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100922
STATE OF OHIO EX REL.,
ALLEN QUARTERMAN
RELATOR
vs.
JUDGE DANIEL GAUL
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 472245
Order No. 473142
RELEASE DATE: March 25, 2014
FOR RELATOR
Allen Quarterman, pro se
Inmate No. 642-873
P.O. Box 8107
Mansfield, OH 44901
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
EILEEN A. GALLAGHER, P.J.:
{¶1} On January 22, 2014, the relator, Allen Quarterman, commenced this
mandamus action against the respondent, Judge Daniel Gaul, to compel the judge to rule
on a motion for jail-time credit that Quarterman filed on August 30, 2013, in the
1
underlying case, State v. Quarterman, Cuyahoga C.P. No. CR-11-555106-A.
Quarterman asserts that he is entitled to an additional 62 days of jail-time credit for time
spent at the Community Assessment Treatment Center. On February 12, 2014, the
respondent judge moved for summary judgment because of mootness and pleading
deficiencies. Attached to the dispositive motion is a copy of a certified January 30, 2014
journal entry denying any jail-time credit for inpatient drug treatment but granting 142
days of jail-time credit in the underlying case. Quarterman did not file a timely
response. The journal entry establishes that Quarterman has received his requested relief
and the judge has fulfilled his duty to resolve the outstanding motion. This matter is
moot.
{¶2} Relator also did not comply with R.C. 2969.25(C) that requires that an inmate
file a certified statement from his prison cashier setting forth the balance in his private
account for each of the preceding six months. This is sufficient reason to deny the
mandamus, deny indigency status and assess costs against the relator. Hazel v. Knab,
1
In the underlying case, Quarterman pleaded guilty to burglary and domestic violence, and
the judge sentenced him to 18 months of community control sanctions. On July 3, 2013, the judge
sentenced him to 18 months at the Lorain Correctional Institution for violating those sanctions and
gave him 135 days of jail-time credit.
130 Ohio St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378.
{¶3} Accordingly, this court grants the respondent judge’s motion for summary
judgment and denies the application for a writ of mandamus. Relator to pay costs.
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).
EILEEN A. GALLAGHER, PRESIDING JUDGE
EILEEN T. GALLAGHER, J., and
MELODY J. STEWART, J., CONCUR