State ex rel. Bobo v. McDonnell , 2011 Ohio 5840 ( 2011 )

[Cite as State ex rel. Bobo v. McDonnell, 2011-Ohio-5840.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97370
STATE OF OHIO, EX REL.
VICTOR BOBO
RELATOR
vs.
JUDGE NANCY McDONNELL, ET AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 448813
Order No. 448900
RELEASE DATE: November 8, 2011
FOR RELATOR
Victor Bobo, pro se
Cuyahoga County Jail
P.O. Box 5600
Cleveland, Ohio 44101
ATTORNEYS FOR RESPONDENTS
William D. Mason
Cuyahoga County Prosecutor
James E. Moss
Assistant Prosecuting Attorney
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
FRANK D. CELEBREZZE, JR., J.:
{¶ 1} Victor Bobo has filed a complaint for a writ of mandamus. Bobo
seeks an order from this court, which requires Judge Nancy McDonnell to
render a ruling with regard to a motion for jail-time credit as filed in the
criminal case of State v. Bobo, Cuyahoga County Court of Common Pleas Case
No. CR-544152. Bobo also seeks an order that requires the Cuyahoga
County Sheriff to provide him with additional jail-time credit in the amount
of ten days.
{¶ 2} Attached to the joint motion for summary judgment, as filed by
Judge McDonnell and the Cuyahoga County Sheriff, is a copy of a journal
entry, as journalized on October 21, 2011, which demonstrates that Bobo has
been granted an additional ten days of jail-time credit for a total of 212 days
of jail-time credit. Bobo’s request for mandamus is thus 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 (1983), 6 Ohio
St.3d 5, 450 N.E.2d 1163. In addition, the Cuyahoga County Sheriff
possesses no duty to calculate jail-time credit. State ex rel. Dunbar v.
Saffold, Cuyahoga App. No. 89260, 2007-Ohio-1143; State ex rel. Griffin v.
McFaul, Cuyahoga App. No. 84360, 2004-Ohio-3863.
{¶ 3} Accordingly, we grant the respondents’ motion for summary
judgment. Costs awarded to Bobo with costs waived. It is further ordered
that the Clerk of the Eighth District Court of Appeals serve notice of this
judgment upon all parties as required by Civ.R. 58(B).
Writ denied.
FRANK D. CELEBREZZE, JR., JUDGE
MELODY J. STEWART, P.J., and
EILEEN A. GALLAGHER, J., CONCUR