State ex rel. McMichael v. Saffold

[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