Opinion
No. 97316
12-13-2011
STATE OF OHIO, EX REL., CLAUDE BROCK RELATOR v. JUDGE BRIDGET MCCAFFERTY RESPONDENT
FOR RELATOR Claude Brock, pr se Inmate #A-560-610 North Coast Correctional Treatment Facility ATTORNEY FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor Justice Center, 9th Fl.
JOURNAL ENTRY AND OPINION
JUDGMENT:
WRIT DENIED
Writ of Prohibition
Motion Nos. 448286
Order No. 450135
FOR RELATOR
Claude Brock, pr se
Inmate #A-560-610
North Coast Correctional
Treatment Facility
ATTORNEY FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
Justice Center, 9th Fl.
MELODY J. STEWART, P.J.:
{¶ 1} On September 15, 2011, the relator, Claude Brock, commenced this mandamus action against the respondent, Judge Bridget McCafferty, to compel her to rule on his motions for jail time credit, filed on December 7, 2010, and June 8, 2011, in the underlying case, State v. Brock, Cuyahoga County Common Pleas Court Case No. CR-513753. Brock sought seven days of credit according to his complaint. On October 5, 2011, the respondent's successor judge, moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a September 14, 2011 journal entry granting 14 days of jail time credit in the underlying case. Brock never opposed the respondent's motion. This establishes that the relator has received his requested relief, a resolution of his subject motions, and that the action is, therefore, moot. State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113.
The motion for summary judgment recognized that Judge Michael Astrab is the successor to Judge McCafferty.
{¶ 2} Accordingly, the court grants the respondent's motion for summary judgment and denies the application for a writ of mandamus. Respondent to pay
{¶ 3} costs. The clerk is directed to serve upon the parties notice of this judgment and
{¶ 4} its date of entry upon the journal. Civ. R.58(B).
Writ denied. MELODY J. STEWART, PRESIDING JUDGE JAMES J. SWEENEY, J., and
COLLEEN CONWAY COONEY, J., CONCUR.