State Ex Rel. Hardy v. McMonagle, Unpublished Decision (3-2-2000)
State Ex Rel. Hardy v. McMonagle, Unpublished Decision (3-2-2000)
Opinion of the Court
On January 11, 2000, the respondent again moved for summary judgment on the grounds of mootness. Attached to this motion was a copy of a certified, signed journal entry, file stamped October 8, 1999, in which the trial judge stated that Mr. Hardy was entitled to sixty days of jail time credit. Mr. Hardy did not file a response. The respondent has established that Mr. Hardy has received his requested relief, an entry stating the number of days of jail time credit. Thus, this mandamus action is moot.
Additionally, the relator failed to support his complaint with an affidavit "specifying the details of the claim" as required by Local Rule 45 (B) (1) (a). State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077, unreported; and State ex rel.Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899, unreported.
Accordingly, the court grants the respondent's motion for summary judgment and denies the writ. Costs assessed against the relator.
JUDGMENT: WRIT DENIED.
TERRENCE O'DONNELL., CONCURS.
___________________________________ ANN DYKE, ADMINISTRATIVE JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.