COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            No. 81735
STATE OF OHIO, EX REL           :          ORIGINAL ACTION
NILES TUTTLE
          Relator               :           JOURNAL ENTRY
     vs.                        :                AND
SHIRLEY STRICKLAND SAFFOLD,     :              OPINION
JUDGE, CUYAHOGA COUNTY, OHIO
          Respondent            :
                                :
DATE OF JOURNALIZATION         :    NOVEMBER 7, 2002
CHARACTER OF PROCEEDING         :   WRIT OF MANDAMUS
JUDGMENT                        :   WRIT DENIED
APPEARANCES:
     For Relator:                    NILES TUTTLE, Pro Se
                                     Inmate No. 422-274
                                     P.O. Box 8107
                                     Mansfield, Ohio 44901-8197
     For Respondent:                 WILLIAM D. MASON
                                     Cuyahoga County Prosecutor
                                     RENO J. ORADINI, JR.
                                     Assistant County Prosecutor
                                     Justice Center - 9th Floor
                                     1200 Ontario Street
                                     Cleveland, Ohio 44113
ANNE L. KILBANE, J.:
                               -2-
     Niles Tuttle seeks a writ of mandamus to order Judge Shirley
Strickland Saffold to grant jail-time credit in the underlying case
of State v. Tuttle, Cuyahoga County Court of Common Pleas Case No.
CR-405865.
     Judge Saffold moved for summary judgment and attached as  an
exhibit a journal entry of October 21, 2002, finding that  Tuttle
has been granted jail-time  credit in the amount of twenty  days.
Therefore Tuttle's request for a writ of mandamus is moot.1
     We grant Judge Saffold's motions for summary judgment.  Costs
to Tuttle.  It  is further ordered that  the Clerk of the  Eighth
District Court of Appeals, pursuant to Civ.R. 58(B), shall  serve
upon all parties notice of this judgment and date of entry.
     Writ denied.
JAMES D. SWEENEY, P.J.,    CONCURS
COLLEEN CONWAY COONEY, J., CONCURS
                                         ANNE L. KILBANE
     1State 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.
 
 
 
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