State ex rel. Bradley v. Saffold , 2012 Ohio 5081 ( 2012 )

[Cite as State ex rel. Bradley v. Saffold, 2012-Ohio-5081.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98512
STATE OF OHIO, EX REL.,
HONESTO BRADLEY
RELATOR
vs.
JUDGE SHIRLEY STRICKLAND SAFFOLD
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 456424
Order No. 459431
RELEASE DATE: October 30, 2012
RELATOR
Honesto Bradley, Pro Se
Inmate No. 621-054
2500 South Avon Belden Road
Grafton Correctional Institution
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, A.J.:
{¶1} Honesto Bradley has filed a complaint for a writ of procedendo. Bradley
seeks an order from this court, which requires Judge Shirley Strickland Saffold to render
a ruling with regard to a motion for jail-time credit filed in State v. Bradley, Cuyahoga
C.P. No. CR-526262. For the following reasons, we grant Judge Saffold’s motion for
summary judgment.
{¶2} Initially, we find that Bradley’s complaint for a writ of procedendo is
procedurally defective. Loc.App.R. 45(B)(1)(a) provides that a complaint for an
extraordinary writ must be supported by a sworn affidavit that specifies the details of
Bradley’s claim. A simple statement that verifies that Bradley has reviewed the
complaint and that the contents are true and accurate does not satisfy the mandatory
requirement under Loc.App.R. 45(B)(1)(a). State ex rel. Jones v. McGinty, 8th Dist. No.
92602, 2009-Ohio-1258; State ex rel. Mayes v. Ambrose, 8th Dist. No. 91980,
2009-Ohio-25; James v. Callahan, 8th Dist. No. 89654, 2007-Ohio-2237.
{¶3} In addition, Bradley’s request for a writ of procedendo is moot. Attached
to the motion for summary judgment is a copy of a journal entry that demonstrates
Bradley was granted jail-time credit in the amount of 90 days. Judge Saffold has
discharged her duty to render a ruling with regard to the motion for jail-time credit that
renders the request for a writ of procedendo moot. State ex rel. 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). It must also be
noted that any error associated with the calculation of jail-time credit must be addressed
through an appeal. State ex rel. Britton v. Foley-Jones, 8th Dist. No. 73646, 1998 Ohio
App. LEXIS 856 (Mar. 5, 1998); State ex rel. Spates v. Sweeney, 8th Dist. No. 71986,
1997 Ohio App. LEXIS 1516 (Apri. 17, 1997).
{¶4} Accordingly, we grant Judge Saffold’s motion for summary judgment.
Bradley to pay costs. The court 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).
{¶5} Writ denied.
PATRICIA ANN BLACKMON, ADMINISTRATIVE JUDGE
COLLEEN CONWAY COONEY, J., and
KENNETH A. ROCCO, J., CONCUR