State ex rel. Harrington v. Russo

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[Cite as State ex rel. Harrington v. Russo, 2010-Ohio-1765.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94867 STATE OF OHIO, EX REL. ISAAC E. HARRINGTON RELATOR vs. HONORABLE JUDGE JOSEPH D. RUSSO RESPONDENT JUDGMENT: COMPLAINT DISMISSED Writ of Mandamus Order No. 432308 2 RELEASE DATE: FOR RELATOR Isaac E. Harrington, pro se Inmate No. 580-283 P.O. Box 540 St. Clairsville, Ohio 43950 ATTORNEY FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 ANN DYKE, J.: {¶ 1} Isaac E. Harrington has filed a complaint for a writ of mandamus. Harrington seeks an order from this court, which requires Judge Joseph D. Russo to issue a ruling on his motion for additional jail-time credit in State v. Harrington, Cuyahoga County Court of Common Pleas Case Nos. CR-500138 and CR-503937. {¶ 2} A review of the dockets in Cuyahoga County Court of Common Pleas Case Nos. CR-500138 and CR-503937 demonstrates that Judge Russo granted Harrington s motion for jail-time credit on February 26, 2010, and ordered additional jail-time credit in the amount of forty-five days. Harrington s request for a writ of mandamus is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of 3 Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. It must also be noted that any error associated with the calculation of jail-time credit must be addressed through an appeal. State ex rel. Britton v. Foley-Jones (Mar. 5, 1998), Cuyahoga App. No. 73646; State ex rel. Spates v. Sweeney (Apr. 17, 1997), Cuyahoga App. No. 71986. {¶ 3} Accordingly, we sua sponte dismiss Harrington s complaint for a writ of mandamus. Costs to Harrington. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B). Complaint dismissed. ANN DYKE, JUDGE MARY EILEEN KILBANE, P.J., and COLLEEN CONWAY COONEY, J., CONCUR

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