COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 82896
 
ROLAND BLUFORD               :
                             :       JOURNAL ENTRY
          Relator            :            AND
                             :          OPINION
    vs.                      :
                             :
JUDGE EILEEN A. GALLAGHER    :
                             :
          Respondent         :
                             :
                             :
DATE OF JOURNALIZATION       :    AUGUST 4, 2003
                             :
CHARACTER OF PROCEEDINGS     :    WRIT OF MANDAMUS
                             :    Motion No. 349752
                             :    Lower Court No. 360788
                             :    Common Pleas Court
                             :
JUDGMENT                     :    APPLICATION DENIED.
 
APPEARANCES:
 
For Relator:                      ROLAND BLUFORD, PRO SE
                                  INMATE NO. 359-667
                                  P.O. Box 788
`                                 1150 North Main Street
                                  Mansfield, Oh 44901-0788
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  By: KRISTEN LUSNIA
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
ANNE L,. KILBANE, J.:
 
     Through this mandamus action, Roland Bluford seeks to compel
 
Judge Eileen Gallagher to rule on his "Motion to correct/modify
 
journal entry filed October 7, 2002 pursuant to Criminal Rule 36
 
and Civil Rule 60(B)(5)" filed in his underlying case, State of
 
Ohio v. Roland Bluford.1 The judge responded by moving for summary
 
judgment on the grounds of mootness and attached a copy of the
 
signed, file-stamped June 10, 2003 entry, denying Bluford's motion.
 
     This mandamus action is moot. The ruling on the motion has
 
fulfilled the judge's duty and granted Bluford all the relief he
 
could obtain through mandamus. The Writ may be used to compel a
 
judge to exercise judgment or to discharge a function, it may not
 
control judicial discretion, even if that discretion is grossly
 
abused.2 Here the judge has exercised her discretion by denying
 
Bluford's motion. If he believes the ruling is incorrect, he has
 
or had a remedy by means of appeal.3
 
     Accordingly, the court denies the writ. Costs assessed
 
against Bluford. The clerk is directed to serve upon the parties
 
 
 
 
     1Cuyahoga County Common Pleas Court Case No. CR. 360788.
 
     2State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d 118, 515
N.E.2d 914.
 
     3State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567,
589 N.E.2d 113.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                              -3-
 
notice of this judgment and its date of entry upon the journal.
 
Civ.R. 58(B).
 
 
 
 
                                       ANNE L. KILBANE
                                           JUDGE
 
PATRICIA A. BLACKMON, P.J., CONCURS
 
DIANE KARPINSKI, J., CONCURS
 
 
 
.