State ex rel. Fagan v. Saffold , 2014 Ohio 1089 ( 2014 )

[Cite as State ex rel. Fagan v. Saffold, 2014-Ohio-1089.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100882
STATE EX REL., JOHNATHAN FAGAN
RELATOR
vs.
JUDGE SHIRLEY STRICKLAND SAFFOLD
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 471929
Order No. 472676
RELEASE DATE: March 14, 2014
FOR RELATOR
Johnathan Fagan, pro se
Inmate No. 602-079
Lake Erie Correctional Institution
P.O. Box 8000
Conneaut, Ohio 44030-8000
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
MARY EILEEN KILBANE, J.:
{¶1} On January 14, 2014, the relator, Johnathan Fagan, commenced this
mandamus action against the respondent, Judge Shirley Strickland Saffold, to compel the
judge to resolve the issue of jail-time credit, in the underlying case, State v. Fagan,
Cuyahoga C.P. No. CR-546219. On January 31, 2014, the respondent moved for
summary judgment on the grounds of mootness. Attached to the dispositive motion was
a certified copy of a signed and file-stamped January 22, 2014 journal entry granting 117
days of jail-time credit in the underlying case. Fagan did not timely file a response to
the motion for summary judgment. This establishes that the relator 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, the court grants the respondent’s motion for summary
judgment and denies the application for a writ of mandamus. Costs assessed against
respondent; costs waived. The clerk is directed to serve upon the parties notice of this
judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶3} Writ denied.
MARY EILEEN KILBANE, JUDGE
SEAN C. GALLAGHER, P.J., and
MELODY J. STEWART, J., CONCUR