[Cite as State ex rel. Pope v. Russo, 2012-Ohio-5293.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98877
STATE OF OHIO, EX REL.
JOHNATHAN POPE
RELATOR
vs.
HONORABLE JOHN J. RUSSO
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 458919
Order No. 459677
RELEASE DATE: November 14, 2012
FOR RELATOR
Johnathan Pope, pro se
Inmate No. 593209
Lake Erie Correctional Institution
P.O. Box 8000
Conneaut, Ohio 44030
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
FRANK D. CELEBREZZE, JR., P.J.:
{¶1} On August 29, 2012, the relator, Johnathan Pope, commenced this
mandamus action against the respondent, Judge John J. Russo, to compel the judge to rule
on his “pending motion(s) requesting a corrected entry of 9 additional days of jail time
credit.” (Demand for relief.) Pope had filed motions for additional jail-time credit in
the underlying case, State v. Pope, Cuyahoga C.P. No. CR-540082, on January 31, April
17, and July 10, 2012. Previously, the respondent judge had granted Pope 16 days of
jail-time credit. On September 26, 2012, the respondent, through the Cuyahoga County
Prosecutor, moved for summary judgment, inter alia, on the grounds of mootness.
Attached to this dispositive motion is a certified copy of a September 6, 2012 journal
entry, in which the judge granted Pope a total of 25 days of jail-time credit. Pope never
filed a response.
{¶2} The attached journal entry establishes that Pope has received his requested
relief, a ruling on his pending motions granting him additional jail-time credit. The court
further notes that after the judge issued the September 6 journal entry, the Ohio
Department of Rehabilitation and Correction updated its offender search page for Pope by
changing his release date from October 17, 2012, to October 7, 2012. Thus, this matter
is moot.
{¶3} Accordingly, this court grants the respondent’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).
{¶4} Writ denied.
FRANK D. CELEBREZZE, JR., PRESIDING JUDGE
KENNETH A. ROCCO, J., and
MARY EILEEN KILBANE, J., CONCUR