COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71743
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
RONALD PAYNE                       :    PROCEDENDO
                                   :
        Relator                    :
                                   :    MOTION NO. 79893
     -vs-                          :
                                   :
JUDGE WILLIAM E. AURELIUS          :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS              :
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MARCH 6, 1997
JUDGMENT:                          WRIT DENIED. 
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
RONALD R. PAYNE, Pro Se            STEPHANIE TUBBS JONES,
No. 300-146                          Cuyahoga County Prosecutor
Ross Correctional Institution      SHERRY F. McCREARY, Assistant
P. O. Box 7010                       County Prosecutor
Chillicothe, Ohio 45601            Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES D. SWEENEY,
 C.J.:
     Relator requests that  this court  compel respondent judge  to
enter judgment with respect to the petition  to vacate or set aside
sentence filed by relator in State  v. Payne, Cuyahoga County Court
of Common Pleas Case No. CR-298739.
     Respondent has filed a motion for summary judgment (Motion No.
79893)  attached to  which is a  copy of  the findings of  fact and
conclusions of law issued by respondent  and received for filing by
the clerk on January 14, 1997.  Relator has not opposed the motion.
     Accordingly,  relator's request  for relief  in procedendo  is
moot and respondent's motion for summary judgment is granted.  See,
e.g.,  State  ex  rel.  Vanbuskirk  v.  Aurelius (Dec.  18,  1996),
Cuyahoga App. No. 71592, unreported.  Relator to pay costs.
     Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
.