State ex rel. Horton v. Donnelly

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[Cite as State ex rel. Horton v. Donnelly, 2010-Ohio-1217.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94529 STATE OF OHIO, EX REL. ANDREW HORTON RELATOR vs. JUDGE MICHAEL DONNELLY RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 430963 Order No. 431885 RELEASE DATE: March 19, 2010 2 FOR RELATOR Andrew Horton, pro se Inmate No. A544-082 Grafton Correctional Inst. 2500 South Avon-Belden Rd. Grafton, Ohio 44044 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant Prosecuting Attorney 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 LARRY A. JONES, J.: {¶ 1} On January 19, 2010, the relator, Andrew Horton, commenced this procedendo action against the respondent, Judge Michael Donnelly, to compel the judge to rule on motions for jail-time credit which he filed the underlying cases, State v. Horton, Cuyahoga County Common Pleas Court Case Nos. CR-504469 and CR-507531 on August 13, 2009. He maintains that he is entitled to another 65 days of jail-time credit. {¶ 2} On February 8, 2010, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion were copies of 3 certified journal entries, file-stamped January 22, 2010, in the underlying cases, granting Horton a total of 68 days of credit. Horton never filed a response to the motion for summary judgment. These journal entries establish that Horton has received his requested relief, rulings on the subject motions, and that the action is, therefore, moot. State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113. {¶ 3} Accordingly, the court grants the respondent s motion for summary judgment and denies the writ. Costs assessed against respondent. This court orders the Clerk of the Eighth District Court of Appeals to serve notice of this {¶ 4} judgment upon all parties as required by Civ.R. 58(B). LARRY A. JONES, JUDGE PATRICIA A. BLACKMON, P.J., and MARY J. BOYLE, J., CONCUR

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