State ex rel. McCloud v. Villanueva , 2012 Ohio 1362 ( 2012 )

[Cite as State ex rel. McCloud v. Villanueva, 2012-Ohio-1362.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97790
STATE OF OHIO, EX REL.,
RAYMOND A. MCCLOUD
RELATOR
vs.
JUDGE JOSE A. VILLANUEVA
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 451399
Order No. 452810
RELEASE DATE: March 28, 2012
FOR RELATOR
Raymond A. McCloud, pro se
Inmate No. 593-968
Belmont Correctional Inst.
P. O. Box 540
St. Clairsville, OH 43950
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
The Justice Center
1200 Ontario Street, 9th Floor
Cleveland, OH 44113
MARY EILEEN KILBANE, J.:
{¶1} Raymond A. McCloud has filed a complaint for a writ of mandamus.
McCloud seeks an order from this court, which requires Judge Jose A. Villanueva to
render a ruling with regard to a motion for jail-time credit as filed in the criminal action
captioned State v. McCloud, Cuyahoga Cty. C.P. No. CR-538847. McCloud’s request
for mandamus is moot.
{¶2} Attached to Judge Villanueva’s motion for summary judgment is a copy of a
journal entry, as journalized on September 7, 2011, which demonstrates that McCloud has
been granted jail-time credit in the amount of 174 days. McCloud’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, 6
Ohio St.3d 5, 450 N.E.2d 1163 (1983). In addition, any claim associated with the
calculation of jail-time credit must be addressed through a direct appeal. State ex rel.
Britton v. Foley-Jones, 8th Dist. No. 73646, 1998 WL 102458 (Mar. 5, 1998); State ex
rel. Spates v. Sweeney, 8th Dist. No. 73646, 1997 WL 186857 (Apr. 17, 1997).
{¶3} Accordingly, we grant Judge Villanueva’s motion for summary judgment.
Costs to McCloud. 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.
MARY EILEEN KILBANE, JUDGE
KENNETH A. ROCCO, P.J., and
KATHLEEN ANN KEOUGH, J., CONCUR