State ex rel. Nelson v. Astrab , 2011 Ohio 5838 ( 2011 )

[Cite as State ex rel. Nelson v. Astrab, 2011-Ohio-5838.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97338
STATE OF OHIO, EX REL.,
J. C. NELSON
RELATOR
vs.
MICHAEL ASTRAB, JUDGE
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 448615
Order No. 448942
RELEASE DATE: November 8, 2011
2
ATTORNEY FOR RELATOR
J. C. Nelson, pro se
Inmate #A-491-417
Grafton Correctional Institution
1800 S. Avon-Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
8th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN A. GALLAGHER, J.:
{¶ 1} J.C. Nelson has filed a complaint for a writ of mandamus. Nelson seeks an
order from this court that requires Judge Michael Astrab to render a ruling with regard to a
motion for jail-time credit as filed in State v. Nelson, Cuyahoga County Court of Common
Pleas Case No. CR-466734. Judge Astrab has filed a motion for summary judgment, which
1
is granted for the following reason.
1Pursuant to Civ.R. 25(D)(1), Judge Michael Astrab is substituted for the judge that was originally assigned to the
underlying case.
3
{¶ 2} Attached to Judge Astrab’s motion for summary judgment is a copy of a
judgment entry, as journalized on October 14, 2011, which granted Nelson’s motion for
jail-time credit in the amount of 77 days. Nelson’s request for a writ of mandamus is 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, any error associated with the calculation of jail-time credit must be
addressed through an appeal. State ex rel. Britton v. Foley-Jones (Mar. 5, 1998), Cuyahoga
App. No. 73646; State ex rel. Spates v. Sweeney (Apr. 17, 1997), Cuyahoga App. No. 71986.
{¶ 3} Accordingly, we grant Judge Astrab’s motion for summary judgment. Costs
awarded to Nelson; 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.
__________________________________________
EILEEN A. GALLAGHER, JUDGE
MARY J. BOYLE, P.J., and
FRANK D. CELEBREZZE, JR., J., CONCUR