State ex rel. DeLuca v. McCormick

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[Cite as State ex rel. DeLuca v. McCormick, 2003-Ohio-6327.] COURT OF APEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 82707 STATE OF OHIO, EX REL JOSEPH DELUCA RELATOR vs. JUDGE TIMOTHY McCORMICK RESPONDENT : : : : : : : : : : : ORIGINAL ACTION JOURNAL ENTRY AND OPINION DATE OF JOURNALIZATION: NOVEMBER 24, 2003 CHARACTER OF PROCEEDING: WRIT OF MANDAMUS JUDGMENT: WRIT DENIED. APPEARANCES: For Relator: JOSEPH DELUCA, PRO SE Inmate No. 424-500 Belmont Correctional Inst. P.O. Box 540 St. Clairsville, OH 43950 For Respondent: DIANE SMILANICK Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, OH 44113 2 KENNETH A. ROCCO, A.J., {¶1} Relator requests that this court compel respondent judge to dispose of the motion for jail time credit filed by relator in State v. DeLuca, Cuyahoga County Court of Common Pleas Case Nos. CR-423447 and 423748 on August 1, 2002. {¶2} Respondent has filed a motion for summary judgment attached to which is a copy of a journal entry issued by respondent and received for filing by the clerk on April 9, 2003 in Case No. CR-423447 in which respondent denied relator s request for time credit. jail (A review of the docket in Case No. CR-423478 reflects that respondent filed a similar entry in that case but respondent s counsel did not attach a copy of the entry in Case No. CR-423478 to the motion for summary judgment.) Relator has not opposed respondent the motion. discharged his duty. {¶3} granted. Respondent argues that has We agree. Accordingly, respondent's motion for summary judgment is Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). Writ denied. MICHAEL J. CORRIGAN, J. ANNE L. KILBANE, J. and CONCUR ______________________________ 3 KENNETH A. ROCCO ADMINISTRATIVE JUDGE

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