Sansom v. Donnelly
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[Cite as Sansom v. Donnelly, 2010-Ohio-3515.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 95162 ROBERT D. SANSOM RELATOR vs. MIKE P. DONNELLY RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 434663 Order No. 435568 RELEASE DATE: July 27, 2010 2 FOR RELATOR Robert D. Sansom, pro se Inmate # 304823 Richland Correctional Institution Po Box 8107 1001 Olivesberg Rd Mansfield, Ohio 44901 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 ANN DYKE, J.: {¶ 1} Relator, Robert D. Sansom, requests that this court compel respondent judge to issue an order awarding Sansom 365 days jail-time credit in State v. Sansom, Cuyahoga County Court of Common Pleas Case No. CR-311107. {¶ 2} Respondent has filed a motion for summary judgment attached to which is a copy of a journal entry issued by respondent and received for filing by the clerk on January 20, 2010 in which respondent granted relator 129 days jail-time credit. Relator has not opposed the motion for summary 3 judgment. Respondent argues that this action in mandamus is, therefore, moot. We agree. {¶ 3} 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. State ex rel. Harrington v. Russo, Cuyahoga App. No. 94867, 2010-Ohio-1765, at ¶2. To the extent that Sansom seeks an increase in his jail-time credit, therefore, mandamus is not appropriate. {¶ 4} Additionally, we note that the complaint has various defects. The action is not on relation of the state as required by R.C. 2731.04. Sansom has not included his own address in the caption as required by Civ.R. 10(A), which may also be a ground for dismissal. Clarke v. McFaul, Cuyahoga App. No. 89447, 2007-Ohio-2520, at ¶5. {¶ 5} 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. 4 ANN DYKE, JUDGE KENNETH A. ROCCO, P.J., and LARRY A. JONES, J., CONCUR
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