Opinion
No. 94867.
April 22, 2010.
Writ of Mandamus, Order No. 432308.
COMPLAINT DISMISSED.
Isaac E. Harrington, pro se, Inmate No. 580-283, for Relator.
William D. Mason, Cuyahoga County Prosecutor, Attorney for Respondent.
JOURNAL ENTRY AND OPINION
{¶ 1} Isaac E. Harrington has filed a complaint for a writ of mandamus. Harrington seeks an order from this court, which requires Judge Joseph D. Russo to issue a ruling on his motion for additional jail-time credit in State v. Harrington, Cuyahoga County Court of Common Pleas Case Nos. CR-500138 and CR-503937.
{¶ 2} A review of the dockets in Cuyahoga County Court of Common Pleas Case Nos. CR-500138 and CR-503937 demonstrates that Judge Russo granted Harrington's motion for jail-time credit on February 26, 2010, and ordered additional jail-time credit in the amount of forty-five days. Harrington's request for a writ of mandamus 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 (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. It must also be noted that any error associated with the calculation of jail-time credit must be addressed through an appeal. State ex rel. Britton v. Foley-Jones (Mar. 5, 1998), Cuyahoga App. No. 73646; State ex rel. Spates v. Sweeney (Apr. 17, 1997), Cuyahoga App. No. 71986.
{¶ 3} Accordingly, we sua sponte dismiss Harrington's complaint for a writ of mandamus. Costs to Harrington. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ. R. 58(B).
Complaint dismissed.
MARY EILEEN KILBANE, P.J., and COLLEEN CONWAY COONEY, J., CONCUR