State ex rel. Epps v. Saffold

[Cite as State ex rel. Epps v. Saffold, 2012-Ohio-4612.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98684
STATE EX REL. CARLTON EPPS
RELATOR
vs.
JUDGE SHIRLEY STRICKLAND SAFFOLD
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 457344
Order No. 458923
RELEASE DATE: October 3, 2012
FOR RELATOR
Carlton Epps
2000 South Avon Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant Prosecuting Attorney
The Justice Center
1200 Ontario Street, 8th Floor
Cleveland, Ohio 44113
JAMES J. SWEENEY, P.J.:
{¶1} On July 17, 2012, the relator, Carlton Epps, commenced this procedendo
action against the respondent, Judge Shirley Strickland Saffold, to compel the judge to
state the number of days he spent in jail in the underlying case, State v. Epps, Cuyahoga
C. P. No. CR-546428. On February 14, 2012, and June 20, 2012, he filed motions for
jail-time credit with the respondent. On August 1, 2012, the respondent moved for
summary judgment on the grounds of mootness. Attached to the dispositive motion
was a copy of certified journal entry, file-stamped July 24, 2012, in the underlying case,
granting Epps 66 days of credit. This journal entry establishes that Epps has received
his requested relief and that the action is, therefore, moot. State ex rel. Corder v.
Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist. 1991). Epps never filed a
response to the motion for summary judgment.
{¶2} Accordingly, the court grants the respondent’s motion for summary
judgment and denies the application for a writ of procedendo. Each side to bear their
own costs. This court directs the clerk of court to serve all parties notice of this
judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶3} Writ denied.
JAMES J. SWEENEY, PRESIDING JUDGE
COLLEEN CONWAY COONEY, J., and
SEAN C. GALLAGHER, J., CONCUR