COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 81031
STATE OF OHIO, ex rel         :
DEWIGHT WHITE                 :
                              :
          Plaintiff-appellee  :         JOURNAL ENTRY
                              :              and
     vs.                      :            OPINION
                              :
RONALD SUSTER, JUDGE          :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
          Defendant-appellant :
DATE OF JOURNALIZATION        :    MAY 3, 2002
CHARACTER OF PROCEEDING       :    MANDAMUS
JUDGMENT                      :    WRIT DENIED.
APPEARANCES:
For plaintiff-appellee        :    WILLIAM D. MASON
                                   Cuyahoga County Prosecutor
                                   DIANE SMILANICK, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street, 8th Floor
                                   Cleveland, Ohio  44113
For defendant-appellant       :    DEWIGHT WHITE, pro se
                                   #A331-976
                                   Post office Box 788
                                   Mansfield, Ohio  44901
JUDGE TERRENCE O'DONNELL:
     On March 19, 2002, the petitioner, Dewight White, filed a pro
se application seeking a writ of mandamus and an alternative writ
                               -2-
from our court to compel Judge Ronald Suster to rule on his motion
to withdraw his guilty plea, which White had filed on October 15,
2001 in  the underlying  case, State  of Ohio  v. Dewight  White,
Cuyahoga County Common Pleas Court Case No. CR-333432.  In response
to this application, the respondent, through the Cuyahoga  County
Prosecutor's Office,  moved  for summary  judgment on  the  writ,
alleging that the statements in the application were incorrct and
asserting that the  court had already ruled  on the matter.   The
prosecutor attached a certified copy of a November 9, 2001 journal
entry, which stated:   Motion to Dismiss Motion to withdraw guilty
plea is granted.    White  never filed a  brief in opposition  to
respondent's summary judgment motion in our court.
     The requisites  for obtaining  relief in  mandamus are  well
established: (1) the relator must have a clear legal right to the
requested relief; (2) the respondent must have a clear legal duty
to perform the requested relief; and (3) there must be no adequate
remedy at  law.  Additionally, although  mandamus may be used  to
compel a court to exercise judgment or to discharge a function, it
may not control  judicial discretion, even if that discretion  is
grossly abused. State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d
118, 515 N.E.2d 914.
     In this case, respondent dismissed the motion to withdraw the
guilty plea.  Accordingly, the court disposed of the motion,  and
White has a ruling in connection with his request to withdraw his
plea.  Thus, this action is moot.
                               -3-
     Therefore, we grant respondent's motion for summary judgment
and deny the application for a writ of mandamus and the application
for an  alternative writ.  Costs  assessed against relator.   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).
                                          TERRENCE O'DONNELL
                                                JUDGE
PATRICIA A. BLACKMON, P.J. CONCURS
JAMES J. SWEENEY, J.       CONCURS
 
.