DocketNumber： 99863
Judges： McCormack
Filed Date： 7/1/2013
Status： Precedential
Modified Date： 10/30/2014
[Cite as State ex rel. Goldsby v. Donnelly, 2013-Ohio-2921.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99863
STATE, EX REL., PHILLIP GOLDSBY
RELATOR
vs.
JUDGE MICHAEL P. DONNELLY
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 465360
Order No. 466033
RELEASE DATE: July 1, 2013
FOR RELATOR
Phillip Goldsby, pro se
13521 Rugby Ave.
Cleveland, OH 44110
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
James E. Moss
Assistant County Prosecutor
9th Floor, Justice Center
1200 Ontario Street
Cleveland, OH 44113
TIM McCORMACK, J.:
{¶1} On May 3, 2013, the relator, Phillip Goldsby, commenced this procedendo
action against the respondent, Judge Michael Donnelly, to compel the judge to issue final,
appealable orders for two motions for jail-time credit that he filed on September 19, 2012,
and March 22, 2013, in the underlying case, State v. Goldsby, Cuyahoga C.P. No.
CR-559356. He maintains that he is entitled to 86 days of jail-time credit.
{¶2} On May 28, 2013, the respondent moved for summary judgment on the
grounds of mootness. The docket of the underlying case shows that on March 5, 2013,
the respondent judge resolved the September 19, 2012 motion by granting him 25 days of
credit and, on April 5, 2013, resolved the March 22, 2013 motion by granting him a total
of 27 days of credit. Moreover, attached to the dispositive motion was a certified copy
of a journal entry, file-stamped May 15, 2013, in the underlying case, granting Goldsby a
total of 71 days of credit. The Ohio Department of Rehabilitation and Correction’s
website shows that Goldsby was released from prison on May 22, 2013. Goldsby never
filed a response to the motion for summary judgment. Thus, Goldsby has received his
requested relief, and this action is moot. State ex rel. Corder v. Wilson, 68 Ohio App. 3d
567,589 N.E.2d 113
(10th Dist.1991).
{¶3} Additionally, the relator failed to support his complaint with an affidavit
“specifying the details of the claim” as required by Loc.App.R. 45(B)(1)(a). State ex rel.
Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St. 3d 124, 2009-Ohio-4688,914 N.E.2d 402
; State ex rel. Wilson v. Calabrese, 8th Dist. No. 70077, 1996 Ohio App.
LEXIS 6213 (Jan. 18, 1996).
{¶4} Accordingly, the court grants the respondent’s motion for summary
judgment and denies the writ. Costs assessed against the relator. This court directs the
Clerk of the Cuyahoga County Court of Appeals to serve upon the parties notice of this
judgment and its date of entry upon the journal. Civ.R. 58(B).
TIM McCORMACK, JUDGE
LARRY A. JONES, SR., P.J., and
EILEEN T. GALLAGHER, J., CONCUR