State ex rel. Davis v. Sutula
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[Cite as Stte ex rel. Davis v. Sutula, 2010-Ohio-4367.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 95340 STATE OF OHIO, EX REL. CURTIS JAMES DAVIS RELATOR vs. JOHN SUTULA, JUDGE RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 435962 Order No. 436376 RELEASE DATE: September 13, 2010 2 FOR RELATOR Curtis James Davis, pro se Inmate No. 563-062 Lake Erie Correctional Institution 501 Thompson Rd. Conneaut, Ohio 44030-8000 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 FRANK D. CELEBREZZE, JR., J.: {¶ 1} Curtis James Davis, the relator, has filed a complaint for a writ of mandamus. Davis seeks an order from this court, which requires Judge John Sutula to render a ruling with regard to motions for jail-time credit as filed in State v. Davis, Cuyahoga County Court of Common Pleas Case Nos. CR-501627 and CR-517879. Judge Sutula has filed a motion for summary judgement. 3 {¶ 2} Attached to the motion for summary judgment are copies of journal entries, which demonstrate that Judge Sutula has rendered rulings with regard to Davis motions for jail-time credit and that Davis has been granted jail-time credit in the amount of two hundred and thirty-one (231) days. Davis s request for a writ of mandamus is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of 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 grant Judge Sutula s motion for summary judgment. Costs to Judge Sutula. 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). Writ denied. FRANK D. CELEBREZZE, JR., JUDGE PATRICIA A. BLACKMON, P.J., and ANN DYKE, J., CONCUR
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