State ex rel. Harris v. Sutula

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[Cite as State ex rel. Harris v. Sutula, 2010-Ohio-4366.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 95291 STATE OF OHIO, EX REL. ANTONIO HARRIS RELATOR vs. CUYAHOGA COUNTY COURT OFCOMMON PLEAS, JUDGE JOHN D . SUTULA RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 435706 Order No. 437242 RELEASE DATE: FOR RELATOR September 15, 2010 2 Antonio Harris, pro se Inmate No. 550-762 Lake Erie Correctional Institution 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 SEAN C. GALLAGHER, A.J.: {¶ 1} Relator, Antonio Harris, requests that this court compel respondent judge to dispose of the motion for additional days jail-time credit filed by Harris in State v. Harris, Cuyahoga County Court of Common Pleas Case No. CR-495793 on November 16, 2009. {¶ 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 July 12, 2010 in which respondent granted relator 443 days jail-time credit. Relator has not opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree. 3 {¶ 3} Accordingly, respondent's motion summary judgment is granted. Respondent 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. SEAN C. GALLAGHER, ADMINISTRATIVE JUDGE ANN DYKE, J., and LARRY A. JONES, J., CONCUR

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