State ex rel. Ford v. Gaul
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[Cite as State ex rel. Ford v. Gaul, 2010-Ohio-782.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94501 STATE OF OHIO, EX REL. JERRY FORD RELATOR vs. JUDGE DANIEL GAUL, ET AL. RESPONDENTS JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 430679 Order No. 431220 RELEASE DATE: March 2, 2010 2 FOR RELATOR Jerry Ford, pro se Inmate # 554-925 Grafton Correctional Institution 2500 South Avon Belden Road Grafton, Ohio 44044 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 MELODY J. STEWART, J.: {¶ 1} Jerry Ford, the relator, has filed a complaint for a writ of mandamus. Ford seeks an order from this court, which requires Judge Daniel Gaul, and Robert Reid, Cuyahoga County Sheriff, the respondents, to journalize a Journal Entry that reflects the total amount of jail-time credit owed to Ford in case number CR-06-490058, which is one-hundred and ninety (190) days. Judge Gaul and Sheriff Robert Reid have filed a joint motion for summary judgment. {¶ 2} In order for this court to issue a writ of mandamus, Ford must demonstrate that (1) he possesses a clear legal right to a journal entry that 3 specifies jail-time credit in the amount of one hundred and ninety days, (2) Judge Gaul possesses a clear duty to issue a journal entry that specifies jail-time credit in the amount of one hundred and ninety (190) days, and (3) there exists no other adequate remedy in the ordinary course of the law. State ex rel. Asti v. Ohio Dept. of Youth Servs., 107 Ohio St.3d 262, 2005-Ohio-6432, 838 N.E.2d 658; State ex rel. Nichols v. Cuyahoga Bd. of Mental Retardation & Dev. Disabilities, 72 Ohio St.3d 205, 1995-Ohio-215, 648 N.E.2d 823. {¶ 3} Attached to the joint motion for summary judgment, is a copy of a journal entry, as journalized on June 25, 2009, which clearly demonstrates that Ford has been granted jail-time credit in State v. Ford, Cuyahoga County Court of Common Pleas Case No. CR-490058. Judge Gaul has discharged his duty to issue a journal entry that specifies the amount of jail-time credit to be awarded Ford in Case No. CR-490058. In addition, once Judge Gaul has specified the a number of days of jail-time credit, Ford possesses or possessed an adequate remedy at law through a direct appeal to this court. State ex rel. Ponsky v. Koch, Cuyahoga App. No. 92437, 2009-Ohio-339; State ex rel. Flakes v. Russo, Cuyahoga App. No. 94044, 2009-Ohio-6474. {¶ 4} Accordingly, we grant the respondents joint motion for summary judgment. Costs to Ford. 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). 4 Writ denied. MELODY J. STEWART, JUDGE SEAN C. GALLAGHER, A.J., and ANN DYKE, J., CONCUR
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