State ex rel. Nelson v. Astrab
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[Cite as State ex rel. Nelson v. Astrab, 2011-Ohio-5838.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 97338 STATE OF OHIO, EX REL., J. C. NELSON RELATOR vs. MICHAEL ASTRAB, JUDGE RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 448615 Order No. 448942 RELEASE DATE: November 8, 2011 ï 2ï ATTORNEY FOR RELATOR J. C. Nelson, pro se Inmate #A-491-417 Grafton Correctional Institution 1800 S. 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 EILEEN A. GALLAGHER, J.: {¶ 1} J.C. Nelson has filed a complaint for a writ of mandamus. Nelson seeks an order from this court that requires Judge Michael Astrab to render a ruling with regard to a motion for jail-time credit as filed in State v. Nelson, Cuyahoga County Court of Common Pleas Case No. CR-466734. Judge Astrab has filed a motion for summary judgment, which 1 is granted for the following reason. 1Pursuant underlying case. to Civ.R. 25(D)(1), Judge Michael Astrab is substituted for the judge that was originally assigned to the ï 3ï {¶ 2} Attached to Judge Astrab s motion for summary judgment is a copy of a judgment entry, as journalized on October 14, 2011, which granted Nelson s motion for jail-time credit in the amount of 77 days. Nelson 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. In addition, 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 Astrab s motion for summary judgment. awarded to Nelson; costs waived. Costs 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. __________________________________________ EILEEN A. GALLAGHER, JUDGE MARY J. BOYLE, P.J., and FRANK D. CELEBREZZE, JR., J., CONCUR
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