[Cite as State ex rel. Stuart v. Villanueva, 2014-Ohio-1440.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100758

STATE EX REL. BILLY STUART RELATOR vs. JUDGE JOSE VILLANUEVA RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 471393 Order No. 472324 RELEASE DATE: March 28, 2014 FOR RELATOR Billy Stuart, pro se Inmate No. 601-509 P.O. Box 8000 Conneaut, OH 44030

ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant Prosecuting Attorney Justice Center - 9th Floor 1200 Ontario Street Cleveland, OH 44113 ii

KENNETH A. ROCCO, J.: {¶1} On December 16, 2013, the relator, Billy Stuart, commenced this mandamus action against the respondent, Judge Jose Villanueva, to compel the judge to state the number of jail-time credit days in a journal entry in the underlying case, State v. Stuart, Cuyahoga C.P. No. CR-537870. On January 13, 2014, the respondent moved for summary judgment on the grounds of mootness. 1 Attached to the dispositive motion was a certified copy of a signed and file-stamped January 9, 2014 journal entry granting 327 days of jail-time credit. Stuart did not file a response to the summary judgment motion. This establishes that the relator has received his requested relief and that the action is, therefore, moot.

{¶2} Relator also did not comply with R.C. 2969.25(C) that requires that an inmate file a certified statement from his prison cashier setting forth the balance in his private account for each of the preceding six months. This also is sufficient reason to deny the mandamus, deny indigency status, and assess costs against the relator. State ex rel. Pamer v. Collier,

The January 13, 2014 summary judgment motion is an amended motion. Previously, the respondent had filed a summary judgment motion several hours earlier — Motion No. 471379; the court denies that motion as moot. 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842; and Hazel v. Knab, 130 Ohio St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378.

{¶3} Accordingly, the court grants the respondent’s motion for summary judgment and denies the application for a writ of mandamus. Relator to pay costs. This court directs the clerk of court to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).

{¶4} Writ denied.

________________________________________ KENNETH A. ROCCO, JUDGE LARRY A. JONES, SR., P.J., and TIM McCORMACK, J., CONCUR