COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 82585
 
 
RANDOLPH DOUGLAS,            :
                             :    PETITION FOR WRIT OF MANDAMUS
    Relator                  :
                             :
v.                           :
                             :    JOURNAL ENTRY AND OPINION
JUDGE JOSEPH RUSSO,          :
                             :
    Respondent               :
                             :
                             :
 
DATE OF JOURNALIZATION:      JULY 17, 2003
 
JUDGMENT:                    WRIT DISMISSED.
 
 
APPEARANCES:
 
For Relator:                 Randolph Douglas, pro se
                             Inmate No. 432-840
                             Southeastern Correctional Institute
                             5900 B.I.S. Road
                             Lancaster, OH 43130
 
For Respondent:              William D. Mason
                             Cuyahoga County Prosecutor
                             L. Christopher Frey, Assistant
                             8th Floor Justice Center
                             1200 Ontario Street
                             Cleveland, OH 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
TIMOTHY E. McMONAGLE, J.:
 
     Relator, Randolph Douglas, requests that this court compel
 
respondent judge to dispose of his motion for jail time credit in
 
State v. Douglas, Cuyahoga County Court of Common Pleas Case Nos.
 
CR-412828 and 418485 on October 24, 2002.
 
     Although this court granted the motion of respondent judge for
 
extension of time to respond to the complaint, respondent has not
 
made any additional filings in this action. Nevertheless, a review
 
of the docket in Case Nos. CR-412828 and CR-418485 reflects that
 
respondent initially granted the motion for jail time credit
 
"sheriff's department to calculate the number of actual days spent
 
in custody and to submit a copy of the same to the institution"in
 
a journal entry received for filing by the clerk on January 28,
 
2003. By entry received for filing in Case No. CR-412828 on May
 
27, 2003, respondent granted relator's motion for jail time credit
 
and stated: "Defendant to be released immediately." (A review of
 
the docket in Case No. CR-418485 reflects that Douglas was
 
sentenced to time served concurrent with the sentence in Case No.
 
CR-412828.) As a consequence, we must hold that this action in
 
mandamus is, therefore, moot.
 
     Accordingly, we dismiss this action sua sponte. Respondent 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).
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                             -3-
 
    Writ dismissed.
 
 
 
 
                                  TIMOTHY E. McMONAGLE
                                        JUDGE
 
KENNETH A. ROCCO, A.J., AND
 
JAMES J. SWEENEY, J., CONCUR
 
 
 
.