State ex rel. Cade v. Cuyahoga Cty. Common Pleas Court
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[Cite as State ex rel. Cade v. Cuyahoga Cty. Common Pleas Court, 2010-Ohio-175.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94331 STATE OF OHIO EX REL., ALFRED CADE RELATOR vs. CUYAHOGA COUNTY COMMON PLEAS COURT RESPONDENT JUDGMENT: WRIT DENIED Writ of Procedendo Motion No. 429423 Order No. 430130 RELEASE DATE: January 19, 2010. 2 FOR RELATOR Alfred Cade, pro se Inmate No. 554-553 Noble Correctional Institution 15708 McConnelsville Rd. Caldwell, Ohio 43724 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 COLLEEN CONWAY COONEY, J.: {¶ 1} On December 2, 2009, the relator, Alfred Cade, commenced this procedendo action against the respondent, the Cuyahoga County Common Pleas Court, to compel the court to rule on a motion for jail-time credit that he filed on April 17, 2009, in the underlying case, State v. Cade, Cuyahoga County Common Pleas Court Case No. CR-511047. On December 17, 2009, the respondent moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a journal entry, file-stamped December 11, 2009, in the underlying case, granting Cade 245 days of credit. This journal entry establishes 3 that Cade has received his requested relief and that the action is moot. State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113. Cade never filed a response to the motion for summary judgment. {¶ 2} Additionally, the relator failed to support his complaint with an affidavit specifying the details of the claim as required by Local Rule 45(B)(1)(a). State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077 and State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899. {¶ 3} Accordingly, the court grants the respondent s motion for summary judgment and denies the writ. Costs assessed against relator. The court orders the Clerk of the Eighth District Court of Appeals to serve notice of this judgment upon all parties as required by Civ.R. 58(B). COLLEEN CONWAY COONEY, PRESIDING JUDGE MARY EILEEN KILBANE, J., and LARRY A. JONES, J., CONCUR
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