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Browder v. Strickland-Saffold

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Oct 6, 2009
2009 Ohio 5388 (Ohio Ct. App. 2009)

Opinion

No. 93709.

RELEASE DATE: October 6, 2009.

WRIT OF MANDAMUS MOTION NO. 425486 ORDER NO. 425713.

WRIT DENIED. PGPage i

Jerrod Browder, Sr., pro se, Belmont Correctional Inst., for Relator.

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


JOURNAL ENTRY AND OPINION


{¶ 1} Jerrod Browder has filed a complaint for a writ of mandamus. Browder seeks an order from this court to require Judge Shirley Strickland-Saffold to render a ruling with regard to a motion for jail-time credit, as filed in State v. Browder, Cuyahoga County Court of Common Pleas Case No. CR-513986.

{¶ 2} Browder's complaint for a writ of mandamus is moot. Attached to Judge Saffold's motion for summary judgment is a copy of a judgment entry, as journalized on August 19, 2009, which demonstrates that Browder has been granted 33 days of jail-time credit. This court will not compel the performance of a duty that has already been performed. 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.

{¶ 3} 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 serve notice of this judgment upon all parties as mandated by Civ. R. 58(B).

Writ denied.

CHRISTINE T. MCMONAGLE, P.J., and MARY J. BOYLE, J., CONCUR.


Summaries of

Browder v. Strickland-Saffold

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Oct 6, 2009
2009 Ohio 5388 (Ohio Ct. App. 2009)
Case details for

Browder v. Strickland-Saffold

Case Details

Full title:State of Ohio, Ex Rel., Jerrod Browder, Sr., Relator, v. Hon. Judge…

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

Date published: Oct 6, 2009

Citations

2009 Ohio 5388 (Ohio Ct. App. 2009)