State ex rel. Pagan v. Saffold

[Cite as State ex rel. Pagan v. Saffold, 2014-Ohio-3332.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101364
STATE OF OHIO, EX REL.
JOSE PAGAN
RELATOR
vs.
CUYAHOGA COUNTY COURT JUDGE
SHIRLEY S. SAFFOLD
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 475665
Order No. 476878
RELEASE DATE: July 30, 2014
RELATOR
Jose Pagan, pro se
#604-307, Grafton Correctional Institution
2500 S. Avon Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN A. GALLAGHER, P.J.:
{¶1} On May 12, 2014, the relator, Jose Pagan, commenced this procedendo action
against the respondent, Judge Shirley Strickland Saffold, to compel the judge to rule on
motions for jail-time credit that Pagan filed on November 7, 2013, in State v. Pagan,
Cuyahoga C.P. No. CR-11-546295-A, and on December 7, 2013, in State v. Pagan,
Cuyahoga C.P. No. CR-10-537242-A. On June 10, 2014, the respondent judge moved for
summary judgment on the grounds of mootness. Attached to this dispositive motion
were copies of certified, file-stamped journal entries granting Pagan a total of 238 days of
jail-time credit in Case No. CR-10-537242-A and a total of 12 days in Case No.
CR-11-546295-A. Pagan never filed a response. These journal entries establish that the
respondent judge proceeded to judgment on the subject motions and this procedendo
action is moot.
{¶2} 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-4699,
914 N.E.2d 402; State ex rel. Wilson v. Calabrese, 8th Dist. Cuyahoga No. 70077, 1996
Ohio App. LEXIS 6213 (Jan. 18, 1996).
{¶3} Relator also did not comply with R.C. 2969.25(C), which requires that an
inmate file a certified statement from his prison cashier setting forth the balance in his
private account for each of the preceding six months. This also is sufficient reason to
deny the writ, deny indigency status and assess costs against the relator. State ex rel.
Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842, and Hazel v
Knab, 130 Ohio St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378.
{¶4} Accordingly, the court grants the respondent’s motion for summary judgment
and denies the writ. Relator to pay costs. This court directs the clerk of the Eighth District
Court of Appeals to serve upon the parties notice of this judgment and its date of entry
upon the journal. Civ.R. 58(B).
{¶5} Writ denied.
EILEEN A. GALLAGHER, PRESIDING JUDGE
PATRICIA ANN BLACKMON, J., and
MELODY J. STEWART, J., CONCUR