Opinion
No. 93536.
RELEASED: August 17, 2009.
WRIT OF MANDAMUS, MOTION NO. 424262, ORDER NO. 424681.
WRIT DENIED.
Kevin Dukes, pro se, Inmate No. 560-361, for Relator.
William D. Mason, Cuyahoga County Prosecutor, BY: James E. Moss, Assistant County Prosecutor, Attorneys for Respondent.
BEFORE: Kilbane, J., Gallagher, P.J., and Blackmon, J.
JOURNAL ENTRY AND OPINION
{¶ 1} Kevin Dukes has filed a complaint for a writ of mandamus. Dukes seeks an order from this court, requiring Judge Shirley Strickland Saffold to render rulings with regard to motions for jail-time credit as filed in State v. Dukes, Cuyahoga County Court of Common Pleas Case Nos. CR-512389 and CR-513323. Judge Saffold has filed a motion for summary judgment, which we grant for the following reasons.
{¶ 2} Initially, we find that Dukes has failed to comply with Loc.App.R. 45(B)(1)(a), which mandates that his complaint for a writ of mandamus must be supported by an affidavit that specifies the details of his claim. In addition, Dukes's request for a writ of mandamus is moot. Attached to the motion for summary judgment is a copy of a judgment entry, as journalized on July 15, 2009, which demonstrates that Dukes has been granted jail-time credit in the amount of 134 days. Thus, Dukes is not entitled to a writ of mandamus. Accordingly, we grant Judge Saffold's motion for summary judgment. Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals, as required by Civ. R. 58(B), serve notice of this judgment upon all parties.
State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 79899; State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077.
State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Snider v. Stapleton (1992), 65 Ohio St.3d 40, 600 N.E.2d 240; State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76, 591 N.E.2d 1240; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163.
Complaint denied.
MARY J. BOYLE, J., and FRANK D. CELEBREZZE, JR., J., CONCUR.