COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 72086
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
WILBERT HOUSTON                    :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 83208
     -vs-                          :
                                   :
TIMOTHY J. MCGINTY, JUDGE          :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS              :
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MAY 22, 1997
JUDGMENT:                          WRIT DENIED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
WILBERT HOUSTON, Pro Se            STEPHANIE TUBBS JONES,
No. 284-618                          Cuyahoga County Prosecutor
Trumbull Correctional Institution  GEORGE J. SADD, Assistant
P. O. Box 901                        County Prosecutor
Leavittsburg, Ohio 44430-0901      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.
Houston, Cuyahoga County Court  of Common Pleas Case  No. CR-303894
on September 6, 1996.
     Respondent has  filed a motion  to dismiss (Motion  No. 82075)
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
March 25, 1997.  Relator has not opposed the motion.
     Accordingly,  respondent's  motion  to  dismiss which  is  sua
sponte converted  to  a motion  for  summary judgment  is  granted.
Relator to pay costs.
     Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
.