Opinion
No. 104370
08-05-2016
STATE OF OHIO, EX REL. KIM KIMBROUGH RELATOR v. JUDGE JOHN D. SUTULA RESPONDENT
FOR RELATOR Kim Kimbrough Grafton Correctional Institution Inmate No. 663206 2500 S. Avon Belden Road Grafton, Ohio 44044 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus
Motion No. 496471
Order No. 497815
FOR RELATOR
Kim Kimbrough
Grafton Correctional Institution
Inmate No. 663206
2500 S. Avon Belden Road
Grafton, Ohio 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113 KATHLEEN ANN KEOUGH, J.:
{¶1} Kim Kimbrough has filed a complaint for a writ of mandamus. Kimbrough seeks an order from this court that requires Judge John D. Sutula to grant him jail-time credit in State v. Kimbrough, Cuyahoga C.P. No. CR-14-582525-A. Judge Sutula has filed a motion for summary judgment that Kimbrough has not opposed. We grant the motion for summary judgment and deny the petition because it is moot.
{¶2} The motion for summary judgment is supported by a copy of a judgment entry, journalized on May 17, 2016, which demonstrates that a ruling has been rendered with regard to Kimbrough's motion for jail-time credit and that Kimbrough was granted a total of 33 days of jail-time credit. The complaint 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, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Respondent's motion for summary judgment is granted and the complaint for mandamus relief is denied. Costs to respondent; 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).
{¶4} Writ denied. KATHLEEN ANN KEOUGH, JUDGE LARRY A. JONES, SR., A.J., and
MARY EILEEN KILBANE, J., CONCUR