COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71889 : : STATE OF OHIO EX REL. : PETITION FOR WRIT OF TERENCE BREWER : MANDAMUS : Relator : : MOTION NO. 80892 -vs- : : KENNETH CALLAHAN, 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: TERENCE BREWER, Pro Se STEPHANIE TUBBS JONES, No. 293-227 Cuyahoga County Prosecutor Lorain Correctional Institution LISA REITZ WILLIAMSON, Assistant 2075 S. Avon-Beldon Rd. County Prosecutor Grafton, Ohio 44044 Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES D. SWEENEY, C.J.: Relator, Terence Brewer, commenced this mandamus action to compel the respondent Judge Kenneth Callahan to issue findings of fact and conclusions of law for a "post-conviction relief petition" filed on January 8, 1996, in the underlying case, State of Ohio v. Terence Brewer, Cuyahoga Cty. C.P. Case No. CR-309196. The respondent, through the Cuyahoga County Prosecutor, has established that the request for mandamus is moot. Attached to the respon- dent's "motion for summary judgment" is a copy of the respondent's findings of fact and conclusions of law, journalized February 13, 1997, which denies the petition for post-conviction relief. State ex rel. Carrion v. Harris (1988), 40 Ohio St.3d 19, 530 N.E.2d 1330. Accordingly, the respondent's motion for summary judgment is granted, and the writ is dismissed. Respondent to pay costs. PATRICIA A. BLACKMON, J., CONCUR .