Coleman v. Ambrose

Full title: State of Ohio, ex rel., Jimmy Coleman, Relator, v. Honorable Judge Dick…

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

Date published: Nov 17, 2009

2009 Ohio 6113 (Ohio Ct. App. 2009)

Opinion

No. 93972.

RELEASE DATE: November 17, 2009.

WRIT OF MANDAMUS MOTION NO. 427094, ORDER NO. 427963.

WRIT DENIED.

Jimmy Coleman, pro se, Inmate No. A542-572, for Relator.

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

JOURNAL ENTRY AND OPINION

JAMES J. SWEENEY, J.

{¶ 1} Relator, Jimmy Coleman, requests that this court compel respondent judge to enter judgment on the motion for jail-time credit which he filed on September 3, 2008 in State v. Coleman, Cuyahoga County Court of Common Pleas Case No. CR-504274. The docket in Case No. CR-504274 reflects that Coleman also filed a motion for jail-time credit on May 1, 2009. Prior to the filing of this action on September 23, 2009, respondent had not disposed of either motion for jail-time credit.

{¶ 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 September 30, 2009, in which respondent granted relator 49 days jail-time credit. Relator has not opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree.

{¶ 3} Coleman has filed an affidavit of indigency, but he has failed to include a certified copy of the prison cashier's statement of the balance in his inmate account as required by R.C. 2969.25(C). State ex rel. Bristow v. Sidoti (Dec. 1, 2000), Cuyahoga App. No. 78708, at 3-4. Although we deny relator's claim of indigency, we note that Coleman filed his first motion for jail-time credit more than a year before commencing this action. See Sup. R. 40(A)(3) (motions shall be ruled upon within one hundred twenty days). Under the circumstances, therefore, we order respondent to pay costs.

{¶ 4} Accordingly, respondent's motion for 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.

Frank D. Celebrezze, P.J., and Larry A. Jones, J., concur.