State ex rel. Waver v. McClelland , 2014 Ohio 4221 ( 2014 )

[Cite as State ex rel. Waver v. McClelland, 2014-Ohio-4221.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101605
STATE OF OHIO EX REL.,
JAMES WAVER
RELATOR
vs.
JUDGE ROBERT C. McCLELLAND
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 477050
Order No. 478069
RELEASE DATE: September 23, 2014
FOR RELATOR
James L. Waver, pro se
Inmate No. A340-516
Grafton Correctional Institution
2500 South Avon-Belden Road
Grafton, OH 44044
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, OH 44113
MELODY J. STEWART, J.:
{¶1} James Waver has filed a complaint for a writ of procedendo. Waver seeks
an order from this court that requires Judge Robert C. McClelland to render a ruling with
regard to a motion to correct jail-time credit filed in State v. Waver, Cuyahoga C.P. No.
CR-97-351032. We decline to issue a writ of procedendo on behalf of Waver.
{¶2} Waver’s request for a writ of procedendo is moot. Attached to Judge
McClelland’s motion for summary judgment is a copy of a journal entry, journalized on
July 22, 2014, which demonstrates that a ruling has been rendered with regard to the
motion to correct jail-time credit. Thus, Waver is not entitled to a writ of procedendo.
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).
{¶3} Accordingly, we grant Judge McClelland’s motion for summary judgment.
Costs to Judge McClelland. Costs waived. The court directs the clerk of courts to serve
all parties with notice of this judgment and its date of entry upon the journal as required
by Civ.R. 58(B).
{¶4} Writ denied.
MELODY J. STEWART, JUDGE
SEAN C. GALLAGHER, P.J., and
PATRICIA ANN BLACKMON, J., CONCUR