State ex rel. Brock v. McCafferty , 2011 Ohio 6484 ( 2011 )

[Cite as State ex rel. Brock v. McCafferty, 2011-Ohio-6484.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97316
STATE OF OHIO, EX REL.,
CLAUDE BROCK
RELATOR
vs.
JUDGE BRIDGET MCCAFFERTY
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Prohibition
Motion Nos. 448286
Order No. 450135
RELEASED DATE: December 13, 2011
FOR RELATOR
Claude Brock, pr se
Inmate #A-560-610
North Coast Correctional
Treatment Facility
1800 S. Avon Belden Road
Grafton, OH 44044
ATTORNEY FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
Justice Center, 9th Fl.
1200 Ontario Street
Cleveland, Ohio 44113
MELODY J. STEWART, P.J.:
{¶ 1} On September 15, 2011, the relator, Claude Brock, commenced this
mandamus action against the respondent, Judge Bridget McCafferty, to compel her to rule
on his motions for jail time credit, filed on December 7, 2010, and June 8, 2011, in the
underlying case, State v. Brock, Cuyahoga County Common Pleas Court Case No.
CR-513753. Brock sought seven days of credit according to his complaint. On October
5, 2011, the respondent’s successor judge, moved for summary judgment on the grounds
of mootness.1 Attached to the dispositive motion was a certified copy of a September 14,
2011 journal entry granting 14 days of jail time credit in the underlying case. Brock
never opposed the respondent’s motion. This establishes that the relator has received his
requested relief, a resolution of his subject motions, and that the action is, therefore,
moot. State ex rel. Corder v. Wilson (1991), 68 Ohio App. 3d 567, 589 N.E.2d 113.
{¶ 2} Accordingly, the court grants the respondent’s motion for summary
judgment and denies the application for a writ of mandamus. Respondent to pay
{¶ 3} costs. The clerk is directed to serve upon the parties notice of this
judgment and
{¶ 4} its date of entry upon the journal. Civ. R.58(B).
Writ denied.
MELODY J. STEWART, PRESIDING JUDGE
JAMES J. SWEENEY, J., and
COLLEEN CONWAY COONEY, J., CONCUR.
The motion for summary judgment recognized that Judge Michael Astrab is the successor to
1
Judge McCafferty.