COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80806
STATE OF OHIO EX REL.         :
GARY BLACKBURN                :    PETITION FOR WRIT OF MANDAMUS
                              :
     PETITIONER               :    MOTION NOS. 36148 AND 36071
                              :
v.                            :    JOURNAL ENTRY AND OPINION
                              :
JUDGE SHIRLEY STRICKLAND      :
SAFFOLD                       :
                              :
     RESPONDENT               :
DATE OF JOURNALIZATION:       MARCH 8, 2002
JUDGMENT:                     WRIT DENIED.
APPEARANCES:
For Petitioner:               Gary Blackburn, pro se
                              Inmate No. 405-643
                              Richland Correctional Institution
                              P.O. Box 8107
                              Mansfield, OH 44901
For Respondent:               William D. Mason, Esq.
                              Cuyahoga County Prosecutor
                              Diane Smilanick, Esq.
                              Assistant County Prosecutor
                              Justice Center - 8th Floor
                              1200 Ontario Street
                              Cleveland, OH 44113:
TIMOTHY E. McMONAGLE, A.J.:
     On January 29, 2001, the relator, Gary Blackburn,  commenced
this  mandamus  action  against  the  respondent,  Judge  Shirley
Strickland Saffold, to compel her to rule on his motion for jail-
time credit in State v. Blackburn, Cuyahoga County Court of Common
                               -2-
Pleas Case No. CR-397019.  On February 22, 2002, the  respondent,
through the  Cuyahoga County Prosecutor,  filed an  answer and  a
motion for summary judgment.
     Attached to the respondent's motion for summary judgment is a
copy of the court's journal entry which grants relator forty-nine
days of jail-time credit.  Thus, the relator's request for a writ
of mandamus is 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.
     Additionally, the relator failed to support his complaint with
an affidavit  specifying the details of the claim  as required by
Loc.R. 45(B)(1)(a).  State ex rel. Wilson v. Calabrese (Jan.  18,
1996), Cuyahoga App. No. 70077, unreported and State ex rel. Smith
v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899, unreported.
     Accordingly, we grant  the respondent's  motion for  summary
judgment.  Relator to bear costs.  It is further ordered that the
clerk shall serve upon all parties notice of this judgment and date
of entry pursuant to Civ.R. 58(B).
     Writ denied.
                         TIMOTHY E. McMONAGLE, ADMINISTRATIVE JUDGE
JAMES J. SWEENEY, J., and
DIANE KARPINSKI, J., CONCUR.
 
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