GREG ASLINGER V DEPT OF CORRECTIONS
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STATE OF MICHIGAN
COURT OF APPEALS
GREG ASLINGER,
UNPUBLISHED
December 2, 2003
Plaintiff,
v
No. 241266
DEPARTMENT OF CORRECTIONS,
Defendant.
Before: Murray, P.J., and Gage and Kelly, JJ.
MEMORANDUM.
Plaintiff brought this original action for mandamus, seeking to direct defendant to
terminate one of his sentences. We deny the issuance of a writ. This case is being decided
without oral argument pursuant to MCR 7.214(E).
Plaintiff’s complaint was based on defendant’s failure to terminate his underlying
sentence contrary to this Court’s holding in Lickfeldt v Dep’t of Corrections, 247 Mich App 299;
636 NW2d 272 (2001), after he began serving a consecutive sentence for prison escape, MCL
750.193(1). After the complaint was filed, defendant adopted a policy bringing it into
compliance with this Court’s decision. Plaintiff’s underlying sentence was subsequently
terminated effective December 22, 1993. Although plaintiff argues that his sentence should have
been terminated at an earlier date, this issue is moot where his maximum possible term has
passed and he has been granted parole. Id., 306.
A writ of mandamus is denied.
/s/ Christopher M. Murray
/s/ Hilda R. Gage
/s/ Kirsten Frank Kelly
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