State ex rel. Griffin v. McFaul

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[Cite as State ex rel. Griffin v. McFaul, 2004-Ohio-3863.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 84360 STATE OF OHIO, EX REL.: THERON GRIFFIN Relator vs. GERALD T. MCFAUL, SHERIFF Respondent : : : : : : : : : : ORIGINAL ACTION JOURNAL ENTRY AND OPINION DATE OF JOURNALIZATION: JULY 21, 2004 CHARACTER OF PROCEEDINGS: WRIT OF MANDAMUS JUDGMENT: Writ Denied. Motion No. 358626 Order No. 361410 APPEARANCES: For Relator: THERON GRIFFIN, PRO SE Inmate No. 450-540 Richland Correctional Inst. P.O. Box 8107 Mansfield, Ohio 44901 For Respondent: WILLIAM D. MASON, ESQ. Cuyahoga County Prosecutor BY: MATTHEW E. MEYER Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 KENNETH A. ROCCO, J.: {¶1} Relator, Theron Griffin, is the defendant in State v. Griffin, Cuyahoga County Court of Common Pleas Case Nos. CR-410027, 412141 and 420954. Attached to the complaint are copies of journal entries in Case Nos. CR-410027, 412141 and 420954 which were received for filing on October 2, 2003 and in which the court of common pleas ordered respondent sheriff to calculate Griffin s jail time credit. Griffin requests that this court compel respondent sheriff to forward the calculation of Griffin s jail time credit to prison authorities. {¶2} Respondent has filed a motion for summary judgment and argues that it is the trial court s duty to specify the number of days jail time in a journal entry. See, e.g., State ex rel. Summers v. Saffold, Cuyahoga App. No. 82546, 2003-Ohio-3542. agree. We Furthermore, the docket in Case No. CR-420954 reflects that the court of common pleas issued an entry, which was received for filing on April 28, 2004, granting Griffin 307 days jail time credit. As a consequence, we cannot conclude that respondent sheriff has failed to fulfill any duty. {¶3} Accordingly, respondent's motion for summary judgment is granted. Relator 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). Writ denied. KENNETH A. ROCCO JUDGE PATRICIA A. BLACKMON, P.J., CONCURS ANTHONY O. CALABRESE, JR., J., CONCURS

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