COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 78108 STATE OF OHIO ex rel. : FREDERICK WRIGHT : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 21223 : NANCY A. FUERST, JUDGE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : SEPTEMBER 27, 2000 APPEARANCES: For relator : FREDERICK WRIGHT, pro se #356-511 Belmont Correctional Institution Post Office Box 540 St. Clairsville, Ohio 34950 For respondent : WILLIAM D. MASON Cuyahoga County Prosecutor Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- ANN DYKE, A.J.: Relator avers that he is entitled to 254 days jail time credit in State v. Wright, Cuyahoga County Court of Common Pleas Case No. CR-345918, 345839, 358136 and 359949. Respondent has moved for summary judgment. This court dismissed relator's request for relief in mandamus in State ex rel. Wright v. Court of Common Pleas (Oct. 1, 1998), Cuyahoga App. No. 74968, unreported, in which he requested jail time credit with respect to the same underlying criminal cases. Respondent argues that res judicata bars relief in this action. We agree. Relator is requesting the same relief against the same party arising out of the same facts and circumstances. Accordingly, respondent's motion for summary judgment is granted. Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). Writ denied. TERRENCE O'DONNELL,J. CONCURS ANN DYKE ADMINISTRATIVE JUDGE .