COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71863
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
ALAN F. ARNOLD                     :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 80133
     -vs-                          :
                                   :
JUDGE TIMOTHY J. MCGINTY           :    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:
ALAN F. ARNOLD, Pro Se             STEPHANIE TUBBS JONES,
No. 255-851                          Cuyahoga County Prosecutor
Madison Correctional Institution   ERIKA RITT, Assistant
P. O. Box 740                        County Prosecutor
London, Ohio 43140-0740            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
issue findings of fact  and conclusions of law with respect  to the
petition  for postconviction  relief filed  by relator in  State v.
Arnold, Cuyahoga County Court of Common Pleas Case No. CR-275774.
     Respondent has filed  a motion to dismiss (Motion  No. 80133).
Of course,  Civ. R. 12  governs motions to  dismiss and Civ.  R. 56
governs motions for summary judgment.   Civ. R. 12(B) does provide,
however, that a motion to dismiss must be converted to a motion for
summary judgment if the motion to dismiss "presents matters outside
the pleading ***."  Civ. R. 12(B).  See also State ex rel. Boggs v.
Springfield Local School  Dist. Bd. of  Edn. (1995), 72 Ohio  St.3d
94.
     Attached to Motion No. 80133 is a copy of the findings of fact
and conclusions of law which were received for filing by the  clerk
of the court  of common  pleas on January  23, 1997, after  relator
commenced this action.
     Accordingly, respondent's motion to dismiss (Motion No. 80133)
is  treated  as  a motion  for  summary  judgment  and is  granted.
Relator to pay costs.
     Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
                               -3-
.