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State of Ohio, Ex Rel v. Michael Astrab

November 8, 2011

STATE OF OHIO, EX REL., J. C. NELSON RELATOR
v.
MICHAEL ASTRAB, JUDGE RESPONDENT



The opinion of the court was delivered by: Eileen A. Gallagher, J.:

Cite as State ex rel. Nelson v. Astrab,

JOURNAL ENTRY AND OPINION

JUDGMENT: WRIT DENIED

Writ of Mandamus

Motion No. 448615

Order No. 448942

{¶1} J.C. Nelson has filed a complaint for a writ of mandamus. Nelson seeks an order from this court that requires Judge Michael Astrab to render a ruling with regard to a motion for jail-time credit as filed in State v. Nelson, Cuyahoga County Court of Common Pleas Case No. CR-466734.*fn1 Judge Astrab has filed a motion for summary judgment, which is granted for the following reason.

{¶2} Attached to Judge Astrab's motion for summary judgment is a copy of a judgment entry, as journalized on October 14, 2011, which granted Nelson's motion for jail-time credit in the amount of 77 days. Nelson's request for a writ of mandamus is moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. In addition, any error associated with the calculation of jail-time credit must be addressed through an appeal. State ex rel. Britton v. Foley-Jones (Mar. 5, 1998), Cuyahoga App. No. 73646; State ex rel. Spates v. Sweeney (Apr. 17, 1997), Cuyahoga App. No. 71986.

{¶3} Accordingly, we grant Judge Astrab's motion for summary judgment. Costs awarded to Nelson; 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 required by Civ.R. 58(B).

Writ denied.

EILEEN A. GALLAGHER, JUDGE

MARY J. BOYLE, P.J., and FRANK D. CELEBREZZE, ...


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