COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71903
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
JERRY MOSLEY                       :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 81909
     -vs-                          :
                                   :
COURT OF COMMON PLEAS              :    JOURNAL ENTRY AND OPINION
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MARCH 27, 1997
JUDGMENT:                          DISMISSED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
JERRY MOSLEY, Pro Se               STEPHANIE TUBBS JONES,
N.C.C.I. (Marion C/D)                Cuyahoga County Prosecutor
P. O. Box 1812                     Justice Center, Courts Tower
Marion, Ohio 43301-1812            1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
PATRICIA A. BLACKMON, P.
J.:
     Relator avers that he  filed a motion to withdraw  guilty plea
in State v. Mosley, Cuyahoga County Court  of Common Pleas Case No.
CR-244705, on December 12, 1995.   Relator requests that this court
compel respondent to dispose of that motion.
     A review  of  the  docket  in  Case  No.  CR-244705  reflects,
however, that respondent denied the  motion to withdraw guilty plea
by entry  received for filing on December  12, 1996--before relator
filed this  action on January  16, 1997.   As  a consequence,  this
action is moot.
     Furthermore, this court  denied the same request for relief in
State  ex rel.  Mosley v. Court  of Common  Pleas (Jan.  17, 1997),
Cuyahoga App. No. 71670, unreported.  Res judicata, therefore, also
bars this action.
     Accordingly, relator's  complaint in mandamus is dismissed sua
sponte.  Relator to pay costs.
     Writ dismissed.
DAVID T. MATIA, J., CONCURS
                              ___________________________________
.