State ex rel. Roberson v. Gallagher

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[Cite as State ex rel. Roberson v. Gallagher, 2003-Ohio-2330.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 82704 STATE OF OHIO, EX REL. GARY D. ROBERSON Relator -vsEILEEN GALLAGHER, JUDGE COURT OF COMMON PLEAS Respondent : : : : : : : : : : : JOURNAL ENTRY AND OPINION Date of Journalization: MAY 2, 2003 Character of Proceeding: PROCEDENDO Judgment: DISMISSED Appearances: For Relator: GARY D. ROBERSON, PRO SE Inmate No. 432-727 Pickaway Correctional Institute P.O. Box 209 Orient, Ohio 43146 For Respondent: WILLIAM D. MASON Cuyahoga County Prosecutor DIANE SMILANICK, Assistant Prosecuting Attorney 1200 Ontario Street Cleveland, Ohio 44113 JAMES J. SWEENEY, J.: {¶1} On March 31, 2003, the relator, Gary D. Roberson, commenced this procedendo action against the respondent, Judge Eileen Gallagher, to compel her to rule on his motion for jail time credit that was filed in State v. Roberson, Cuyahoga County Court of Common Pleas Case Nos. CR-421986, CR-422185, CR-422834, CR423646, CR-424065, and CR-423647. On April 9, 2003, the respondent, through the Cuyahoga County Prosecutor, filed an answer and a motion for summary judgment. {¶2} Our review of the record indicates that Judge Gallagher ruled on Roberson s motion and awarded him 118 days of jail time credit on April 4, 2003. of procedendo is moot. Therefore, Roberson s request for a writ State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723. {¶3} Accordingly, we grant the respondent s motion for summary judgment. Relator to bear costs. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Writ dismissed. ANNE L. KILBANE, P.J., and COLLEEN CONWAY COONEY, J., CONCUR. JAMES J. SWEENEY JUDGE

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