State ex rel. Franklin v. Saffold

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[Cite as State ex rel. Franklin v. Saffold, 2009-Ohio-5571.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93581 STATE OF OHIO, EX REL., GENESIS FRANKLIN RELATOR vs. SHIRLEY STRICKLAND SAFFOLD, JUDGE RESPONDENT JUDGMENT: WRIT DENIED WRIT OF MANDAMUS MOTION NO. 426041 ORDER NO. 426770 RELEASE DATE: FOR RELATOR October 19, 2009 2 Genesis Franklin, pro se Inmate No. 563-243 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} Genesis Franklin has filed a complaint for a writ of mandamus. Franklin seeks an order from this court, which requires Judge Shirley Strickland Saffold to grant jail-time credit in the criminal actions of State v. Franklin, Cuyahoga County Court of Common Pleas Case Nos. CR-512784 and CR-515879. Judge Saffold has filed a motion for summary judgment. {¶ 2} Attached to the motion for summary judgment are copies of two judgment entries, which demonstrate that Franklin has been granted jail-time credit in both Cuyahoga County Court of Common Pleas Case Nos. CR-512784 and CR-515879. Thus, Franklin s complaint for a writ of 3 mandamus is moot. State ex rel. Snider v. 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, pursuant to Civ.R. 58(B), serve notice of this judgment upon all parties. Writ denied. FRANK D. CELEBREZZE, JR., JUDGE PATRICIA A. BLACKMON, P.J., and JAMES J. SWEENEY, J., CONCUR

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