Mosley v. Friedman, Unpublished Decision (3-20-2003)
Mosley v. Friedman, Unpublished Decision (3-20-2003)
Opinion of the Court
{¶ 2} Attached to Judge Friedman's supplemental motion for summary judgment is a copy of a judgment entry, as journalized on February 13, 2003, which clearly provides that Mosley has been granted pre-conviction jail time credit in Case Nos. CR-398826, 401648, and 421015. Thus, Mosley's request for a writ of procedendo is moot. State ex rel. Ganttv. Coleman (1983),
{¶ 3} It must also be noted Mosley may not employ an extraordinary writ to challenge the calculation of pre-conviction jail time credit.State ex rel. Corder v. Wilson (1991),
{¶ 4} It must also be noted that Mosley has not complied with the requirement of R.C.
{¶ 5} Finally, we find that Mosley's complaint for a writ of procedendo is defective since it is improperly captioned. A petition for a writ of procedendo must be brought in the name of the state, on relation of the person applying. The failure of Mosley to properly caption his petition for a writ of procedendo constitutes sufficient reason for dismissal. Allen v. Court of Common Pleas of Allen Cty. (1962),
{¶ 6} Accordingly, we grant Judge Friedman's motion for summary judgment and supplemental motion for summary judgment. Costs to Mosley. It is further ordered that the Clerk of the Eighth District Court of Appeals serve upon all parties notice of this judgment as required by Civ.R. 58(B).
Writ denied.
TIMOTHY E. McMONAGLE, P.J., and JAMES J. SWEENEY, J., concur.
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