COURT OF APPEALS, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 72311
STATE OF OHIO, EX REL              :
CONRAD FERGUSON               :    PETITION FOR WRIT OF MANDAMUS
                              :
     RELATOR                  :    MOTION NOS.  85415 and 85661.
                              :
v.                            :    JOURNAL ENTRY AND OPINION
                              :
COURT OF COMMON PLEAS         :
                              :
                              :
     RESPONDENT               :
DATE OF ANNOUNCEMENT
OF DECISION:                   AUGUST 21, 1997
JUDGMENT:                     WRIT DISMISSED.
DATE OF  JOURNALIZATION:
APPEARANCES:
For Relator:                       Conrad Ferguson, pro se
                              No. 323-831
                              Orient Correctional Institution
                              P.O. Box 511
                              Columbus, OH 43216
For Respondent:                    Stephanie Tubbs Jones, Esq.
                              Cuyahoga County Prosecutor
                              Lisa Reitz Williamson
                              Assistant County Prosecutor
                              Justice Center - 8th Floor
                              1200 Ontario Street
                              Cleveland, OH 44113:
SWEENEY, C.J.:
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     On April 10, 1997,  the relator, Conrad Ferguson,  commenced
this mandamus action against the respondent, the Cuyahoga  County
Common Pleas Court, to compel rulings on several motions for jail
time credit which he had filed in the underlying cases, State  of
Ohio v. Conrad Ferguson, Cuyahoga County Common Pleas Court  Case
Nos. Cr. 341222 (Case  1) and 337546 (Case  2).   The  respondent
moved for  summary judgment and  established that  the court  had
granted jail time  credit for  only Case 1.     Thus, this  court
granted the motion for summary judgment in part and denied it  in
part  and invited  the respondent  to submit  another motion  for
summary judgment resolving the mandamus claim for Case 2.
     On July  21, 1997, the  respondent again  moved for  summary
judgment, attaching  a certified copy  of a file-stamped  journal
entry in Case 2 granting Mr. Ferguson forty-eight days of credit.
On July 29, 1997, Mr. Ferguson filed a  Request of jail time credit
to be granted,  in which he asked this court to credit him 99 days
directly.      Mr.  Ferguson  attached  no  affidavits  or  other
evidentiary materials to  this motion.  Thus, the journal  entry,
attached to the respondent's dispositive motion, establishes that
the respondent has fulfilled its  duty to rule on the motion  for
jail time credit.   Any further dispute concerning the amount  of
credit given  would need to  be considered  through the  adequate
remedy of appeal.  State ex rel. Spates v. Judge James J. Sweeney
(Apr. 17, 1997), Cuyahoga App. No. 71986, unreported and State ex
rel. Ney v.  Niehaus (1987), 33 Ohio  St.3d 118, 515 N.E.2d  914.
Thus, this  mandamus action  is  moot.   The motion  for  summary
                                3
judgment is granted, and this writ action is dismissed.  Respondent
to pay costs.
.