Opinion
No. 101065
05-12-2014
STATE OF OHIO, EX REL. DEMETRIUS BROWN RELATOR v. JUDGE PETER CORRIGAN RESPONDENT
FOR RELATOR Demetrius Brown, pro se ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor
JOURNAL ENTRY AND OPINION
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 473367
Order No. 474148
FOR RELATOR
Demetrius Brown, pro se
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
MARY J. BOYLE, A.J.:
{¶1} Relator, Demetrius Brown, petitions this court to compel respondent judge to dispose of his motion for jail-time credit filed in State v. Brown, Cuyahoga C.P. No. CR-05-464069-A, on February 3, 2014.
{¶2} Respondent has filed a motion for summary judgment citing numerous procedural deficiencies in Brown's petition and also attaching a copy of a journal entry issued by respondent that granted Brown's motion for jail-time credit on February 11, 2014. Specifically, respondent asserts that Brown failed to comply with the requirements of R.C. 2969.25(C), Civ.R. 10, Loc.App.R. 45, and R.C. 2969.25. Relator has not opposed respondent's motion. Respondent's motion for summary judgment is granted based on the procedural deficiencies in Brown's petition. Further, Brown is not entitled to a writ of procedendo because the action is moot. 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. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, respondent's motion for summary judgment is granted. Relator 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. __________
MARY J. BOYLE, ADMINISTRATIVE JUDGE
PATRICIA ANN BLACKMON, J., and
TIM McCORMACK, J., CONCUR