Bluford v. Gallagher

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[Cite as Bluford v. Gallagher, 2003-Ohio-4199.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 82896 ROLAND BLUFORD Relator vs. JUDGE EILEEN A. GALLAGHER Respondent DATE OF JOURNALIZATION CHARACTER OF PROCEEDINGS JUDGMENT : : : : : : : : : : : : : : : : : : : JOURNAL ENTRY AND OPINION AUGUST 4, 2003 WRIT OF MANDAMUS Motion No. 349752 Lower Court No. 360788 Common Pleas Court APPLICATION DENIED. APPEARANCES: For Relator: ` For Respondent: ANNE L,. KILBANE, J.: ROLAND BLUFORD, PRO SE INMATE NO. 359-667 P.O. Box 788 1150 North Main Street Mansfield, Oh 44901-0788 WILLIAM D. MASON Cuyahoga County Prosecutor By: KRISTEN LUSNIA Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 {¶1} 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 {¶2} Accordingly, the court denies the writ. against Bluford. Costs assessed 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). ANNE L. KILBANE 1 Cuyahoga County Common Pleas Court Case No. CR. 360788. 2 State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d 118, 515 N.E.2d 914. 3 State ex rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113. JUDGE PATRICIA A. BLACKMON, P.J., CONCURS DIANE KARPINSKI, J., CONCURS

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