State Ex Rel. Donald v. Russo, Unpublished Decision (12-11-2003)
State Ex Rel. Donald v. Russo, Unpublished Decision (12-11-2003)
Opinion of the Court
{¶ 2} Attached to the motion for summary judgment is a copy of a judgment entry that grants Donald sixty-eight (68) days of pre-conviction jail time credit. It must also be noted that any error associated with the calculation of pre-conviction jail time credit must be addressed through an appeal.1 The judge has discharged her duty and Donald's request for a writ of mandamus is moot.2
{¶ 3} We find, however, that Donald has failed to comply with Loc.App.R. 45(B)(1)(a), which requires that the complaint be supported by an affidavit that specifies the details of the claim. His failure to provide this court with a supporting affidavit requires dismissal of the complaint.3 In addition, he has failed to comply with R.C.
{¶ 4} Accordingly, we grant the motion for summary judgment. Costs to Donald. 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).
{¶ 5} Writ denied.
Diane Karpinski, J., concurs.
Anthony O. Calabrese, Jr., J., concurs.
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