COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 72713 : STATE OF OHIO EX REL. : PETITION FOR WRIT OF WILLIE J. BROWN : MANDAMUS : Relator : MOTION NO. 91180 : -vs- : : MAYOR, VILLAGE OF LINNDALE, : JOURNAL ENTRY AND OPINION ET AL. : : Respondent : DATE OF ANNOUNCEMENT February 12, 1998 OF DECISION: JUDGMENT: WRIT DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Relator: For Respondent: WILLIE J. BROWN, Pro Se JAMES M.DUBELKO, Solicitor No. 310-171 Village of Linndale Belmont Correctional Inst. 23823 Lorain Road, Suite 200 P. O. Box 540 North Olmsted, Ohio 44070 St. Clairsville, Ohio 44070 PATRICIA A. BLACKMON, A.J.: The relator, Willie Brown, commenced this mandamus action against the respondents, the Mayor of the Village of Linndale and the Clerk of the Village of Linndale Mayor's Court to compel the -2- mayor to reinstate his Request for Disposition of three traffic citations or to compel the clerk to file an appeal with the Parma Municipal Court. For the following reasons, this court rules that this writ action is moot. In his complaint Mr. Brown alleges that he is in prison and that he had three traffic citations pending against him in the Village of Linndale Mayor's Court. Pursuant to R.C. 2941.401 he filed a Notice of Place of Imprisonment and Request for Final Disposition of Untried Complaints with the mayor's court. In a journal entry the mayor denied the request on the grounds that the request was incomplete. Mr. Brown then submitted to the clerk of the mayor's court a notice of appeal to the Parma Municipal Court of the denial of his R.C. 2941.401 request. Mr. Brown finally asserted that the clerk had not delivered the notice of appeal to the municipal court. However, a file-stamped journal entry from the Parma Municipal Court (a copy of which is attached hereto) establishes that this matter is moot. In Village of Linndale v. Willie Brown, Parma Municipal Court Case No. 97-Tr-D-9616(3), the court ruled that Mr. Brown complied with the requirements of R.C. 2941.401 and that if a state employee failed to mail certain documents in a timely manner, that failure should not be held against Mr. Brown. The municipal court then ruled that the appeal is granted and the within case is dismissed. The 3 in parentheses in the case number indicates that all three traffic citations were before the municipal court and that all three cases were dismissed. -3- Accordingly, this matter is entirely moot. The traffic citations are no longer pending against Mr. Brown. Alternatively, Mr. Brown's first claim for mandamus, to compel the mayor's court to vacate its entry and reinstate his request, is not well taken. Mandamus does not lie to review judicial decisions. To do so would be to interfere with judicial discretion, which mandamus may not do, even if the judicial discretion is grossly abused. State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d 118, 515 N.E.2d 914. Mr. Brown's second claim to compel the clerk to file the notice of appeal is obviously moot. The attached journal entry establishes that the notice of appeal was filed, and thus, Mr. Brown received his requested relief. Accordingly, this writ action is dismissed. State ex rel. Pressley v. Ohio Industrial Commission (1967), 11 Ohio St. 141, 228 N.E.2d 631; State ex rel. Mettler v. Stratton (1941), 139 Ohio St. 86, 38 N.E.2d 393 and State ex rel. Bennett v. Lime (1978), 55 Ohio St.2d 62, 378 N.E.2d 62. Costs assessed against relator. JAMES M. PORTER, J., AND JOSEPH J. NAHRA, J., CONCUR .