COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71405 STATE OF OHIO EX REL : NWABUEZE V. OKOCHA : : RELATOR : JOURNAL ENTRY : v. : AND : PATRICIA A. CLEARY, JUDGE : OPINION ET AL. : : MOTION NO. 78820 RESPONDENTS : DATE OF ANNOUNCEMENT OF DECISION: FEBRUARY 6, 1997 CHARACTER OF PROCEEDING: MANDAMUS. JUDGMENT: DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Relator: Nwabueze V. Okocha, pro se P.O. Box 14067 Cleveland, OH 44113 For Court of Common Pleas: Stephanie Tubbs Jones, Esq. Cuyahoga County Prosecutor Patrick J. Murphy, Esq. Assistant County Prosecutor Justice Center - 8th Floor 1200 Ontario Street Cleveland, OH 44113 For Judge Patricia Cleary: Thomas P. Gill, Esq. 75 Public Square, Suite 1320 Cleveland, OH 44113 -2- DAVID T. MATIA, P.J.: The respondents' motion to dismiss (Motion No. 78820) is granted. On October 29, 1996, this court granted Mr. Okocha's application for an alternative writ by ordering the respondents either to vacate the order of March 4, 1996, in Bonner v. Okocha, Cuyahoga County Common Pleas Court Case No. 287654 entering judgment against Mr. Okocha in the amount of $11,700, or show cause why the writ either in mandamus or prohibition should not issue. On December 9, 1996, the respondents complied with the alternative writ by vacating the March 4, 1996 order. Thus, Mr. Okocha has received the relief he has requested, and this matter is now moot. His argument that the matter is capable of repetition yet evading review is not persuasive. If the respondents do not abide by the bankruptcy code, Mr. Okocha still has remedies, including filing another writ. The respondents' full compliance eliminates the need to extend the life of this writ action. Accordingly, the motion to dismiss is granted, and the motion for extension of time and to convert the motion to dismiss to a motion for summary judgment (Motion No. 79059) is denied. This writ action is dismissed. Respondents to pays cost. DAVID T. MATIA, PRESIDING JUDGE .