COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 83546
 
 
 
 
S/O EX REL.DARIES SHERRILS     :
                               :       PETITION FOR WRIT OF
          Relator              :
                               :            MANDAMUS
     vs.                       :
                               :          JOURNAL ENTRY
STATE OF OHIO                  :               AND
                               :            OPINION
          Respondent           :
 
 
 
 
DATE OF JOURNALIZATION:                 May 12, 2004
 
 
JUDGMENT:                      WRIT DENIED.
                               Motion No. 359747
 
APPEARANCES:
 
 
For Relator:                   DARIES Y. SHERRILLS
                               Inmate No. 206-377
                               Marion Correctional Institution
                               P. O. Box 57
                               Marion, Ohio 43302-0057
 
For Respondent:                WILLIAM D. MASON
                               Cuyahoga County Prosecutor
                               DIANE SMILANICK
                               Assistant County Prosecutor
                               8th Floor Justice Center
                               1200 Ontario Street
                               Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
PATRICIA ANN BLACKMON, P.J.:
 
    Daries Sherrills commenced this mandamus action to compel the
 
respondent judge to rule on the following matters in the underlying
 
case, State of Ohio v. Daries Sherrills, Cuyahoga County Common
 
Pleas Court Case No. Cr. 230459: (1) his motion to dismiss
 
indictments on constitutional grounds, (2) his motion for
 
appointment of counsel, (3) his motion for discovery, (4) his
 
motion for transcripts, (5) his habeas corpus ad subjucedum, and
 
(6) his motion for judgment on the pleadings and/or in the
 
alternative for summary judgment. The respondent judge filed a
 
motion for summary judgment, which this court granted in part,
 
because he had disposed of the motion to dismiss indictment, the
 
motion for appointment of counsel and the motion for transcripts.1
 
    In a journal entry, filed-stamped April 8, 2004, (a copy of
 
which is attached hereto) the respondent judge resolved the
 
remaining outstanding motions: He granted the motion for discovery
 
and overruled the motion for judgment on the pleadings and the
 
motion for a writ of habeas corpus. Accordingly, the respondent
 
judge has fulfilled his duty to resolve the outstanding motions,
 
and Mr. Sherrills has received all the relief to which he was
 
entitled, rulings on the outstanding motions. Accordingly, this
 
 
    1 Mr. Sherrills also sought to compel the respondent judge
to grant the motion to dismiss indictments on constitutional
grounds. This court denied this claim because mandamus may not
control judicial discretion. State ex rel. Ney v. Niehaus
(1987), 33 Ohio St.3d 118, 515 N.E.2d 914.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
mandamus action is moot, and this court sua sponte denies the
 
application for a writ of mandamus. Each side to bear its own
 
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).
 
FRANK D. CELEBREZZE, JR., J., and
 
ANTHONY O. CALABRESE, JR., J., CONCUR.
 
 
                                           PATRICIA ANN BLACKMON
                                              PRESIDING JUDGE
 
.