Opinion
No. 93962.
RELEASE DATE: November 18, 2009.
WRIT OF MANDAMUS MOTION NO. 427095, ORDER NO. 428002.
WRIT DENIED.
Ferrell Speights, pro se, Inmate No. 503-240, for Relator.
William D. Mason, Cuyahoga County Prosecutor, By: James E. Moss, Assistant County Prosecutor, Attorneys for Respondent.
JOURNAL ENTRY AND OPINION
{¶ 1} On September 22, 2009, the relator, Ferrell Speights, commenced this mandamus action against the respondent, Judge Shirley Strickland Saffold, to compel the judge to rule on his motion for jail-time credit, filed on November 18, 2008, in the underlying case, State v. Ferrell Speights, Cuyahoga County Common Pleas Court Case No. CR-467984. On October 9, 2009, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a signed and file-stamped October 8, 2009 journal entry granting 243 days of jail-time credit in the underlying case. Speights did not timely file a response to the motion for summary judgment. This establishes that the relator has received his requested relief and that the action is, therefore, moot. State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113.
{¶ 2} Additionally, the relator failed to support his complaint with an affidavit "specifying the details of the claim" as required by Loc. R. 45(B)(1)(a). State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077, and State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899.
{¶ 3} Accordingly, the court grants the respondent's motion for summary judgment and denies the application for a writ of mandamus. 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).
Melody J. Stewart, P.J., and Ann Dyke, J., concur.