[Cite as State ex rel. Tyus v. Gaul, 2012-Ohio-2319.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98069
STATE OF OHIO EX REL.,
DEREK TYUS
RELATOR
vs.
DANIEL GAUL, JUDGE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 453704
Order No. 454688
RELEASE DATE: May 18, 2012
FOR RELATOR
Derek Tyus, Pro Se
Inmate No. 510-752
Lake Erie Correctional Institution
501 Thompson Road
Conneaut, OH 44030
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, OH 44113
MELODY J. STEWART, P.J.:
{¶1} On March 8, 2012, the relator, Derek Tyus, commenced this mandamus
action against the respondent, Judge Daniel Gaul, to compel him to rule on a motion for
jail-time credit, filed on November 22, 2010, in the underlying case, State v. Tyus,
Cuyahoga C.P. No. CR-476987 (July 10, 2006). On March 28, 2012, the respondent
moved for summary judgment on the grounds of mootness. Attached to the dispositive
motion was a copy of a March 13, 2012 journal entry granting Tyus a total of 159 days
credit in the underlying case. Tyus never filed a response. This establishes that Tyus
has received his requested relief and that the action is, therefore, moot. State ex rel.
Corder v. Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist.1991).
{¶2} Accordingly, this court grants the respondent’s motion for summary judgment
and denies the application for a writ of mandamus. Respondent to pay costs. This
court directs the clerk of the Eighth District Court of Appeals to serve upon the parties
notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶3} Writ denied.
MELODY J. STEWART, PRESIDING JUDGE
COLLEEN CONWAY COONEY, J., and
EILEEN A. GALLAGHER, J., CONCUR