COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71700 : : STATE OF OHIO EX REL. : PETITION FOR WRIT OF CARMEN MINARDI : MANDAMUS : Relator : : MOTION NOS. 80834 AND 80835 -vs- : : THOMAS J. POKORNY, JUDGE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : : DATE OF ANNOUNCEMENT OF DECISION: MARCH 6, 1997 JUDGMENT: DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Relator: For Respondent: CARMEN MINARDI, Pro Se STEPHANIE TUBBS JONES, No. 259-699 Cuyahoga County Prosecutor P. O. Box 45699 DANIEL M. MARGOLIS, Assistant Lucasville, Ohio 45699-0001 County Prosecutor Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES D. SWEENEY, C.J.: On December 5, 1996, the relator, Carmen Minardi, commenced this mandamus action against the respondent, Judge Thomas Pokorny, to compel the judge to rule on the following motions which Mr. Minardi had filed in the underlying case, State v. Carmen Minardi, Cuyahoga Cty. C.P. Case No. CR-287115: A "motion to suspend further execution of sentence" (super shock probation) filed on June 21, 1995, and a motion for conditional probation filed May 28, 1996. The respondent, through the Cuyahoga County Prosecutor, established that this mandamus action is moot. Attached to a motion to dismiss (Motion No. 80834) and a motion for summary judgment (Motion No. 80835) were a July 5, 1995 journal entry denying the motion to suspend further execution of sentence and a July 12, 1996 entry denying the motion for conditional release. No findings of fact or conclusions of law are required for such motions. Cf. State ex rel. James Moore v. Judge Frank Gorman (June 13, 1994), Cuyahoga App. No. 67005, unreported; State ex rel. Julius Graves v. Judge Kenneth Callahan (Nov. 29, 1993), Cuyahoga App. No. 66400, unreported. Accordingly, the judge had fulfilled his duty, and Mr. Minardi had received his requested relief, i.e. rulings on his motions. Thus, the dispositive motions are granted, and this mandamus action is dismissed. Relator to pay costs. PATRICIA A. BLACKMON, J., CONCURS -3- .