State ex rel. Glaze v. Saffold

[Cite as State ex rel. Glaze v. Saffold, 2013-Ohio-378.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98872
STATE OF OHIO EX REL.,
ISAIAH GLAZE
RELATOR
vs.
JUDGE SHIRLEY STRICKLAND SAFFOLD
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 458815
Order No. 461943
RELEASE DATE: February 6, 2013
FOR RELATOR
Isaiah Glaze, Pro Se
Inmate No. 620541
Grafton Correctional Institution
2500 South Avon Belden Road
Grafton, OH 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, OH 44113
MELODY J. STEWART, A.J.:
{¶1} On August 29, 2012, the relator, Isaiah Glaze, commenced this mandamus
action against the respondent, Judge Shirley Strickland Saffold, to compel the judge to
rule on his motion for jail-time credit, filed on May 4, 2012, in the underlying case, State
v. Glaze, Cuyahoga C.P. No. CR-543847. On September 24, 2012, the respondent
moved for summary judgment on the grounds of mootness. Attached to the dispositive
motion was a certified copy of a signed and file-stamped September 20, 2012 journal
entry granting 32 days of jail-time credit in the underlying case. Glaze did not file a
response to the summary judgment motion. This establishes that the relator has received
his requested relief and that the action is, therefore, moot. To the extent that Glaze may
wish to dispute the amount of credit, his remedy is or was by way of appeal. State ex
rel. Rudolph v. Horton, 119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49; and State
ex rel. Corder v. Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist.1991).
{¶2} Accordingly, the court grants the respondent’s motion for summary judgment
and denies the application for a writ of mandamus. Costs assessed against respondent;
costs waived. 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).
MELODY J. STEWART, ADMINISTRATIVE JUDGE
MARY J. BOYLE, J., and
SEAN C. GALLAGHER, J., CONCUR