COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71950 : : STATE OF OHIO EX REL. : PETITION FOR WRIT OF JOHN MANCINI : MANDAMUS : Relator : : MOTION NO. 80891 -vs- : : SHIRLEY STRICKLAND SAFFOLD : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : : DATE OF ANNOUNCEMENT OF DECISION: MARCH 6, 1997 JUDGMENT: DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Relator: For Respondent: JOHN MANCINI, Pro Se STEPHANIE TUBBS JONES, No. 323-291 Cuyahoga County Prosecutor N.C.C.I. L. CHRISTOPHER FREY, Assistant P. O. Box 1812 County Prosecutor Marion, Ohio 43301 Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES D. SWEENEY, C.J.: On January 27, 1997, the petitioner, John Mancini, commenced this mandamus action against the respondent, Judge Shirley Strickland Saffold, to compel the judge to grant him credit for jail time served in the underlying case, State v. John Mancini, Cuyahoga Cty. C.P. Case No. CR-337738. Mr. Mancini claims that on September 6, 1996, he moved the respondent to grant him jail time credit, because he is entitled to 90 days of jail time credit, but the judge credited him with only seven days. On February 14, 1997, the judge, through the Cuyahoga County Prosecutor, moved for summary judgment on the grounds of mootness. Attached to the motion was a certified copy of a journal entry, file-stamped February 13, 1997, in the underlying case in which the judge granted Mr. Mancini a total of 86 days credit for jail time served. This journal entry establishes that Mr. Mancini has received the requested relief, i.e., a ruling on his outstanding motion for jail time credit, and that the judge has performed her duty. If Mr. Mancini thinks that the respondent has erred in her determination, then the proper remedy is an appeal. Accordingly, this mandamus action is moot. The motion for summary judgment is granted, and this writ action is dismissed. Respondent to pay costs. PATRICIA A. BLACKMON, J., CONCURS -3- .