COURT OF APEALS OF OHIO, EIGHTH DISTRICT
 
                    COUNTY OF CUYAHOGA
 
                         NO. 82707
 
 
 
 
STATE OF OHIO, EX REL    :          ORIGINAL ACTION
                         :
JOSEPH DELUCA            :
                         :
          RELATOR        :
                         :
    vs.                  :           JOURNAL ENTRY
                         :
JUDGE TIMOTHY McCORMICK :                 AND
                         :
          RESPONDENT     :              OPINION
 
 
 
DATE OF JOURNALIZATION:            NOVEMBER 24, 2003
 
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
 
JUDGMENT:                          WRIT DENIED.
 
 
APPEARANCES:
 
For Relator:                       JOSEPH DELUCA, PRO SE
                                   Inmate No. 424-500
                                   Belmont Correctional Inst.
                                   P.O. Box 540
                                   St. Clairsville, OH   43950
 
For Respondent:                    DIANE SMILANICK
                                   Assistant County Prosecutor
                                   8th Floor Justice Center
                                   1200 Ontario Street
                                   Cleveland, OH 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
KENNETH A. ROCCO, A.J.,
 
     Relator requests that this court compel respondent judge to
 
dispose of the motion for jail time credit filed by relator in
 
State v. DeLuca, Cuyahoga County Court of Common Pleas Case Nos.
 
CR-423447 and 423748 on August 1, 2002.
 
     Respondent has filed a motion for summary judgment attached to
 
which is a copy of a journal entry issued by respondent and
 
received for filing by the clerk on April 9, 2003 in Case No. CR-
 
423447 in which respondent denied relator's request for jail time
 
credit. (A review of the docket in Case No. CR-423478 reflects
 
that respondent filed a similar entry in that case but respondent's
 
counsel did not attach a copy of the entry in Case No. CR-423478 to
 
the motion for summary judgment.) Relator has not opposed the
 
motion. Respondent argues that respondent has discharged his duty.
 
We agree.
 
     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.
 
 
MICHAEL J. CORRIGAN, J.   and
 
ANNE L. KILBANE, J.    CONCUR
 
                                    ______________________________
                                          KENNETH A. ROCCO
                                        ADMINISTRATIVE JUDGE
 
.