State ex rel. Browder v. Strickland-Saffold

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[Cite as State ex rel. Browder v. Strickland-Saffold, 2009-Ohio-5388.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93709 STATE OF OHIO, EX REL., JERROD BROWDER, SR. RELATOR vs. HON. JUDGE SHIRLEY STRICKLAND-SAFFOLD RESPONDENT JUDGMENT: WRIT DENIED WRIT OF MANDAMUS MOTION NO. 425486 ORDER NO. 425713 RELEASE DATE: October 6, 2009 -iFOR RELATOR Jerrod Browder, Sr., pro se Belmont Correctional Inst. P.O. Box 540 St. Clairsville, Ohio 43950 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 FRANK D. CELEBREZZE, JR., J.: {¶ 1} Jerrod Browder has filed a complaint for a writ of mandamus. Browder seeks an order from this court to require Judge Shirley Strickland-Saffold to render a ruling with regard to a motion for jail-time credit, as filed in State v. Browder, Cuyahoga County Court of Common Pleas Case No. CR-513986. {¶ 2} Browder s complaint for a writ of mandamus is moot. Attached to Judge Saffold s motion for summary judgment is a copy of a judgment entry, as journalized on August 19, 2009, which demonstrates that Browder has been granted 33 days of jail-time credit. This court will not compel the performance of a duty that has already been performed. State ex rel. Snider -iv. Stapleton (1992), 65 Ohio St.3d 40, 600 N.E.2d 240; State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76, 591 N.E.2d 1240. {¶ 3} Accordingly, we grant Judge Saffold s motion for summary judgment. Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as mandated by Civ.R. 58(B). Writ denied. FRANK D. CELEBREZZE, JR., JUDGE CHRISTINE T. MCMONAGLE, P.J., and MARY J. BOYLE, J., CONCUR

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