Harris v. Cuyahoga Cty. Ct. Common Pleas

Full title: State of Ohio, Ex Rel. Antonio Harris, Relator, v. Cuyahoga County Court…

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Sep 15, 2010

2010 Ohio 4366 (Ohio Ct. App. 2010)

Opinion

No. 95291.

RELEASE DATE: September 15, 2010.

Writ of Mandamus Motion No. 435706, Order No. 437242.

WRIT DENIED.

Antonio Harris, pro se, for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: James E. Moss, Assistant County Prosecutor, Attorneys for Respondent.

JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, A. J.:

{¶ 1} Relator, Antonio Harris, requests that this court compel respondent judge to dispose of the motion for additional days jail-time credit filed by Harris in State v. Harris, Cuyahoga County Court of Common Pleas Case No. CR-495793 on November 16, 2009.

{¶ 2} Respondent has filed a motion for summary judgment, attached to which is a copy of a journal entry issued by respondent and received for filing by the clerk on July 12, 2010 in which respondent granted relator 443 days jail-time credit. Relator has not opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree.

{¶ 3} Accordingly, respondent's motion summary judgment is granted. Respondent to pay costs. 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).

Writ denied.

ANN DYKE, J., and LARRY A. JONES, J., CONCUR