State ex rel. Russell v. Celebrezze
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[Cite as State ex rel. Russell v. Celebrezze, 2010-Ohio-1067.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94606 STATE OF OHIO, EX REL. ALFONZO RUSSELL RELATOR vs. JUDGE LESLIE CELEBREZZE RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 431456 Order No. 431506 RELEASE DATE: FOR RELATOR March 16, 2010 2 Alfonzo Russell, pro se Inmate No. A564-213 Lake Erie Correctional Inst. P.O. Box 8000 Conneaut, Ohio 44030 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 KENNETH A. ROCCO, J.: {¶ 1} On January 29, 2010, relator Alfonzo Russell filed a complaint for writ of mandamus against Judge L. Celebrezze to compel him to rule on his motion for jail-time credit in the underlying matter of State v. Russell, Cuyahoga County Court of Common Pleas Case No. CR-519159, which was filed on September 16, 2009. On February 23, 2010, Judge Calabrese, through the Cuyahoga County Prosecutor s office, filed a motion for summary judgment. 1 For the following reason, we grant the motion for summary judgment. {¶ 2} Attached to the motion for summary judgment is a journal entry reflecting that Judge Calabrese granted Russell s motion and awarded 125 days 1 Russell incorrectly named Judge Celebrezze as the respondent while the 3 of jail-time credit. Accordingly, we find that Russell s complaint for a writ of mandamus is moot. State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723. {¶ 3} Accordingly, we grant Judge Calabrese s motion for summary judgment. Relator to bear costs. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Writ denied. KENNETH A. ROCCO, JUDGE SEAN C. GALLAGHER, A.J., and CHRISTINE T. MCMONAGLE, J., CONCUR underlying matter was before Judge Calabrese.
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