Opinion
No. 98684
10-03-2012
STATE EX REL. CARLTON EPPS RELATOR v. JUDGE SHIRLEY STRICKLAND SAFFOLD RESPONDENT
FOR RELATOR Carlton Epps ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant Prosecuting Attorney
JOURNAL ENTRY AND OPINION
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 457344
Order No. 458923
FOR RELATOR Carlton Epps
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant Prosecuting Attorney
JAMES J. SWEENEY, P.J.:
{¶1} On July 17, 2012, the relator, Carlton Epps, commenced this procedendo action against the respondent, Judge Shirley Strickland Saffold, to compel the judge to state the number of days he spent in jail in the underlying case, State v. Epps, Cuyahoga C. P. No. CR-546428. On February 14, 2012, and June 20, 2012, he filed motions for jail-time credit with the respondent. On August 1, 2012, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of certified journal entry, file-stamped July 24, 2012, in the underlying case, granting Epps 66 days of credit. This journal entry establishes that Epps has received his requested relief and that the action is, therefore, moot. State ex rel. Corder v. Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist. 1991). Epps never filed a response to the motion for summary judgment.
{¶2} Accordingly, the court grants the respondent's motion for summary judgment and denies the application for a writ of procedendo. Each side to bear their own costs. This court directs the clerk of court to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶3} Writ denied. JAMES J. SWEENEY, PRESIDING JUDGE COLLEEN CONWAY COONEY, J., and
SEAN C. GALLAGHER, J., CONCUR