Opinion
No. 102152
01-26-2015
STATE OF OHIO, EX REL. JAMAR TRIPLETT RELATOR v. MICHAEL DONNELLY, JUDGE RESPONDENT
FOR RELATOR Jamar Triplett, pro se Inmate No. 561-817 Mansfield Correctional Institution P.O. Box 788 Mansfield, Ohio 44901 ATTORNEY FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus
Motion No. 480543
Order No. 481827
FOR RELATOR
Jamar Triplett, pro se
Inmate No. 561-817
Mansfield Correctional Institution
P.O. Box 788
Mansfield, Ohio 44901
ATTORNEY FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
EILEEN A. GALLAGHER, P.J.:
{¶1} Jamar Triplett has filed a complaint for a writ of mandamus through which he seeks an order from this court to Judge Michael P. Donnelly to render a ruling on a motion for jail-time credit that was filed in State v. Triplett, Cuyahoga C.P. Nos. CR-08-510459. Judge Donnelly has filed a motion for summary judgment, which we grant.
{¶2} Judge Donnelly's motion for summary judgment includes a copy of a judgment entry, journalized on November 17, 2014, which reflects that a ruling has been issued on Triplett's motion for jail-time credit. The complaint for a writ of mandamus is therefore moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983). It is noted that any error that is alleged with regard to the calculation of jail-time credit must be addressed through a direct appeal. State ex rel. Flakes v. Russo, 8th Dist. Cuyahoga No. 94044, 2009-Ohio-6474; State ex rel. Ponsky v. Koch, 8th Dist. Cuyahoga No. 92437, 2009-Ohio-339.
{¶3} We note that, Triplett's complaint for a writ of mandamus is defective. First, Triplett has failed to comply with Loc.App.R. 45(B)(1)(a), which requires that his complaint contain a sworn affidavit that specifies the details of his claim. State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49; State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402.
{¶4} Triplett has also failed to comply with R.C. 2969.25(A), which mandates that he provide this court with a sworn affidavit that contains a description of each civil action or appeal of a civil action filed in the previous five years in any state or federal court. State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830.
{¶5} Finally, Triplett has failed to comply with R.C. 2969.25(C)(1), which mandates that he file a statement setting forth his inmate account "for each of the preceding six months, as certified by the institutional cashier." State ex rel. Castro v. Corrigan, 129 Ohio St.3d 342, 2011-Ohio-4059, 952 N.E.2d 497.
{¶6} Accordingly, we grant Judge Donnelly's motion for summary judgment. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).
{¶7} Writ denied.
/s/_________
EILEEN A. GALLAGHER, PRESIDING JUDGE
MARY EILEEN KILBANE, J., and
EILEEN T. GALLAGHER, J., CONCUR