COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 72017 : : STATE OF OHIO EX REL. : PETITION FOR WRIT OF CLIFFORD HAIRSTON : MANDAMUS : Relator : : MOTION NO. 81163 -vs- : : RICHARD J. MCMONAGLE : JOURNAL ENTRY AND OPINION JUDGE, COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : : DATE OF ANNOUNCEMENT OF DECISION: MARCH 20, 1997 JUDGMENT: WRIT DENIED. DATE OF JOURNALIZATION: APPEARANCES: For Relator: For Respondent: CLIFFORD HAIRSTON, Pro Se STEPHANIE TUBBS JONES, No. 320-274 Cuyahoga County Prosecutor P. O. Box 740 DIANE SMILANICK, Assistant London, Ohio 43140 County Prosecutor Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES D. SWEENEY, C.J.: Relator, Clifford Hairston, has filed a complaint for a writ of mandamus in order to compel the respondent, Judge Richard J. McMonagle, to render a ruling with regard to a petition for post- conviction relief that was filed in the underlying case of State v. Hairston, Cuyahoga C.P. Case No. CR-325216. The respondent has filed a motion for summary judgment. Attached to the respondent's motion for summary judgment is a copy of a judgment entry, journalized on July 31, 1996, which demonstrates that the relator's petition for post-conviction relief has been denied. In addition, the respondent states the basis for denial which involves full compliance with Crim. R. 11. The denial of the relator's petition for post-conviction relief renders the present request for relief moot. State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76. Accordingly, we grant the respondent's motion for summary judgment. Costs to relator. Writ denied. PATRICIA A. BLACKMON, J., CONCURS __________________________________ JAMES D. SWEENEY, CHIEF JUSTICE .