COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 86210
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
WILLIAM BURTON               :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE EILEEN GALLAGHER       :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           MAY 18, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied.
                                  Motion No. 370641
                                  Order No. 371609
 
 
 
APPEARANCES:
 
For Relator:                      WILLIAM BURTON, pro se
                                  Inmate No. 399-051
                                  1001 Olivesburg Road
                                  Mansfield, Ohio 44901-8107
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: AMY VENESILE
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
JUDGE ANN DYKE:
 
     On April 6, 2005, the relator, William Burton, commenced this
 
mandamus action against the respondent, Judge Eileen A. Gallagher,
 
to compel her to rule on his motion for jail time credit, filed on
 
June 28, 2004, in the underlying case, State v. Burton, Cuyahoga
 
County Common Pleas Court Case No. CR-390278. On April 12, 2005,
 
the respondent moved for summary judgment on the grounds of
 
mootness. Attached to the dispositive motion was a copy of a March
 
22, 2005 journal entry confirming that he had been granted 275 days
 
credit in the underlying case. This establishes that the relator
 
has received his requested relief and that the action is,
 
therefore, moot.  State ex rel. Corder v. Wilson (1991), 68 Ohio
 
App.3d 567, 589 N.E.2d 113.
 
     Burton, on May 2, 2005, filed a brief in opposition arguing
 
that the judge's summary judgment motion should be denied because
 
he never received notice of the March 22, 2005 entry. However,
 
this argument is unpersuasive. This court's review of the docket
 
shows the entry, and the failure to receive the entry does not
 
negate its existence and effect.
 
     Accordingly, the court grants the respondent   's motion for
 
summary judgment and denies the application for a writ of mandamus.
 
Costs assessed against relator. The clerk is directed to serve
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
upon the parties notice of this judgment and its date of entry upon
 
the journal. Civ.R. 58(B).
 
 
 
 
                                              ANN DYKE
                                           PRESIDING JUDGE
 
JAMES J. SWEENEY, J., CONCURS
 
CHRISTINE T. MCMONAGLE, J., CONCURS
 
 
 
.