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Eckles v. Belmont Cty. Common Pleas Ct.

Court of Appeals of Ohio, Seventh District, Monroe County
Dec 28, 2007
2007 Ohio 7197 (Ohio Ct. App. 2007)

Opinion

No. 07 BE 43.

Dated: December 28, 2007.

Petition for Writ of Mandamus.

Petition for Writ of Mandamus Dismissed as Moot.

Rodney Eckles, Pro Se, #A518-203, North Coast Correctional Treatment Facility, for Relator.

Attorney Chris Berhalter, Prosecuting Attorney, Attorney David Liberati, Assistant Prosecuting Attorney, for Respondent.


OPINION AND JOURNAL ENTRY


{¶ 1} On October 23, 2007, Relator Rodney Eckles, filed a petition for writ of mandamus against Respondent Judge John M. Solovan. The petition requested this court to order Respondent to rule on Relator's motion for jail time credit in Belmont County Common Pleas Court Case No. 06CR054. On November 15, 2007, Respondent filed an answer. In that answer, Respondent directed this court to the trial court's November, 14, 2007, denial of the motion for jail time credit.

{¶ 2} Consequently, as a result of the November 14, 2007 decision, Relator's petition is moot. A writ of mandamus will not issue to compel an act already performed. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, citing State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5.

{¶ 3} Petition denied. Costs assessed against Relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).


Summaries of

Eckles v. Belmont Cty. Common Pleas Ct.

Court of Appeals of Ohio, Seventh District, Monroe County
Dec 28, 2007
2007 Ohio 7197 (Ohio Ct. App. 2007)
Case details for

Eckles v. Belmont Cty. Common Pleas Ct.

Case Details

Full title:State ex rel. Rodney Eckles, Relator, v. Belmont County Common Pleas…

Court:Court of Appeals of Ohio, Seventh District, Monroe County

Date published: Dec 28, 2007

Citations

2007 Ohio 7197 (Ohio Ct. App. 2007)