[Cite as State ex rel. McMichael v. Saffold, 2013-Ohio-1568.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99626
STATE OF OHIO, EX REL.,
BRIAN MCMICHAEL
RELATOR
vs.
SHIRLEY STRICKLAND SAFFOLD, JUDGE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 463445
Order No. 463660
RELEASE DATE: April 15, 2013
FOR RELATOR
Brian McMichael
Inmate No. 632-186
Marion Correctional Institution
P.O. Box 57
Marion, Ohio 43301
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant Prosecuting Attorney
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
LARRY A. JONES, SR., P.J.:
{¶1} Brian McMichael has filed a complaint for a writ of mandamus. McMichael
seeks an order from this court that requires Judge Shirley Strickland-Saffold to issue a
ruling with regard to a motion for jail-time credit that was filed in State v. McMichael,
Cuyahoga C.P. No. CR-555981. In addition, McMichael seeks findings of fact and
conclusions of law with regard to his motion for jail-time credit. We decline to issue a
writ of mandamus on behalf of McMichael.
{¶2} Attached to Judge Saffold’s motion for summary judgment is a copy of a
journal entry journalized on March 14, 2013, which demonstrates that a ruling has been
rendered with regard to McMichael’s motion for jail-time credit. The request for a writ
of mandamus is moot. 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). In addition, Judge Saffold possesses no clear duty to render
findings of fact and conclusions of law with regard to ruling on McMichael’s motion for
jail-time credit. State ex rel. Haines v. Sutula, 8th Dist. No. 96429, 2011-Ohio-1968;
State ex rel. Jefferson v. Russo, 8th Dist. No. 90682, 2008-Ohio-135.
{¶3} Accordingly, we grant Judge Saffold’s motion for summary judgment.
Costs to McMichael. The courts directs the clerk of court 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.
LARRY A. JONES, SR., PRESIDING JUDGE
KATHLEEN ANN KEOUGH, J., and
PATRICIA ANN BLACKMON, J., CONCUR