COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80666
S/O EX REL. HENRY LEWIS         :
                                :       PETITION FOR WRIT OF
          Relator               :
                                :             MANDAMUS
     vs.                        :
                                :    JOURNAL ENTRY AND OPINION
GERALD E. FUERST,               :
CLERK OF COURTS                 :       MOTION NO. 35136
                                :
          Respondent            :
DATE OF JOURNALIZATION:              FEBRUARY 21, 2002
JUDGMENT:                       WRIT DENIED.
APPEARANCES:
For Relator:                    Henry Lewis, Pro Se
                                Inmate No. 408-736
                                P. O. Box 8107
                                RICI
                                Mansfield, Ohio 44901
For respondent:                 WILLIAM D. MASON
                                Cuyahoga County Prosecutor
                                DIANE SMILANICK
                                Assistant County Prosecutor
                                8th Floor Justice Center
                                1200 Ontario Street
                                Cleveland, Ohio 44113
PATRICIA ANN BLACKMON, P.J.:
     The relator, Henry Lewis, has filed a complaint for a writ of
mandamus.   The relator  seeks  an order  from this  Court  which
requires the named respondent, Gerald Fuerst, Clerk of Courts, to
                               -2-
grant jail-time credit in the underlying cases of State v. Lewis,
Cuyahoga County Court of Common Pleas Case Nos. CR-397575 and CR-
400408.  The respondent has filed a motion for summary judgment.
     The relator's request for a writ of mandamus must fail since
the respondent,  as the Clerk of  Courts for the Cuyahoga  County
Court of Common Pleas, possesses no legal duty to grant jail-time
credit.   Such  duty  strictly lies  with  the trial  judge  that
originally imposed the sentence of incarceration in State v. Lewis,
supra. Cf. State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d
567, 589 N.E.2d 113; State ex rel. Johnson v. O'Donnell (Oct.  4,
1994), Cuyahoga App. No. 67783, unreported.  In addition, attached
to the respondent's motion for summary judgment are copies of two
judgments, as journalized on September 17, 2001, which demonstrate
that the  relator has been granted  jail-time credit in both  CR-
397575 and CR-400408.  Thus, the relator's request for a writ  of
mandamus is also moot.  State ex rel. Gantt v. Coleman (1983),  6
Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga
County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d
723.
     Accordingly, we grant  the respondent's  motion for  summary
judgment. Costs to relator.  It is further ordered that the Clerk
of the  Eighth District  Court of  Appeals shall  serve upon  all
parties, pursuant to Civ.R. 58(B), notice of this judgment and date
of entry.
     Writ denied.
                               -3-
ANNE E. KILBANE, J., and
JAMES J. SWEENEY, J., CONCUR.
                                      PATRICIA ANN BLACKMON
                                         PRESIDING JUDGE
 
 
 
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