COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 72889 STATE OF OHIO, ex rel. : MICHAEL DOZIER : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 86887 : JUDGE STUART A. FRIEDMAN : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : SEPTEMBER 25, 1997 JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : APPEARANCES: For relator : MICHAEL DOZIER, pro se London Correctional Institution Post Office Box 69 London, Ohio 43140-0069 For respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor ARTHUR A. ELKINS, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 2 JAMES D. SWEENEY, C.J.: Relator, Michael Dozier, seeks a writ of mandamus in order to compel the respondent, Judge Stuart A. Friedman, to grant pre- conviction jail time credit in the underlying case of State v. Dozier, Cuyahoga County Common Pleas Case No. CR-387218. The respondent has filed a motion for summary judgment. Attached to the respondent's motion for summary judgment is a copy of a journal entry in which the relator was granted jail time credit in the amount of two hundred and thirty-eight (238) days. A writ of mandamus will not issue to compel an act already performed. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5; State ex rel. Jerningham v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278. Accordingly, the respondent's motion for summary judgment is granted. Costs to respondent. Writ denied. .