COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 72225
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
KENNETH TUTSTONE                   :    PROCEDENDO
                                   :
        Relator                    :
                                   :    MOTION NO. 82835
     -vs-                          :
                                   :
COURT OF COMMON PLEAS              :    JOURNAL ENTRY AND OPINION
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MAY 22, 1997
JUDGMENT:                          WRIT DENIED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
KENNETH TUTSTONE, Pro Se           STEPHANIE TUBBS JONES,
No. A291-101                         Cuyahoga County Prosecutor
P. O. Box 69                       DANIEL M. MARGOLIS, Assistant
London, Ohio 43140-0069              County Prosecutor
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES D. SWEENEY,
 C.J.:
     Relator, Kenneth Tutstone, seeks a writ of procedendo in order
to compel  the  respondent, the  Cuyahoga  County Court  of  Common
Pleas, to provide  the London Correctional Institution  with notice
of jail time credit associated with the underlying case of State v.
Tutstone,  Cuyahoga C.P.  Case No.  CR-29506.   The  respondent has
filed a motion for summary judgment.
     A writ of procedendo may not be employed to force the respond-
ent  to provide notice of jail  time credit to a penal institution.
"The writ of procedendo is merely an order from a court of superior
jurisdiction to proceed to judgment."   State ex rel. Davey v. Owen
(1937), 133 Ohio St. 96, 106.  In addition, mandamus is  not appro-
priate at this time since the relief sought by the relator has been
effected.  The  journal entry attached  to the respondent's  motion
for  summary judgment  clearly provides  that  notice of  jail time
credit, in the  amount of one  hundred and fifty-seven (157)  days,
has  been forwarded  to the London  Correctional Institution.   The
relator's request  for relief  is moot.    State ex  rel. Gantt  v.
Coleman (1983), 6 Ohio St.3d 5.
     Accordingly,  we grant  the  respondent's motion  for  summary
judgment.  Costs to relator.  Writ denied.
PATRICIA A. BLACKMON, J., CONCUR
                               -3-
                              _________________________________
                              JAMES D. SWEENEY, CHIEF JUSTICE
.