COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             NO. 72445
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
ALCIBAR MONTAS                     :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 84359
     -vs-                          :
                                   :
RICHARD MCMONAGLE, JUDGE           :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS              :
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       JULY 3, 1997
JUDGMENT:                          WRIT DENIED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
ALCIBAR MONTAS, Pro Se             STEPHANIE TUBBS JONES,
No. 281-101                          Cuyahoga County Prosecutor
P. O. Box 1812                     LISA REITZ WILLIAMSON, Assistant
Marion, Ohio 43301                   County Prosecutor
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                                -2-
JAMES D. SWEENEY, C.J.:
     Relator avers that he  filed a motion for due  process hearing
in State v. Montas, Cuyahoga County Court of Common Pleas  Case No.
CR-297474, on October 21,  1996.  Relator requests that  this court
compel respondent to hold a due process hearing.
     Relator filed  this action  on May  2, 1997.   Respondent  has
filed a motion  for summary  judgment (Motion No.  83664) in  which
respondent  notes that relator's  motion was denied  on October 30,
1996.  As a  consequence, the complaint in mandamus  is, therefore,
moot.
     Furthermore,   relator's  request   that  this   court  compel
respondent to hold a hearing is not well-taken.
          Generally, mandamus may  not be employed to  require
     an inferior court to promptly render its decision.  State
     ex rel. Tillimon v. Weiher (1992), 65 Ohio St.3d 468.  In
     addition,  mandamus  may  not   be  utilized  to  control
     judicial discretion and  require a judge to  exercise his
     discretion in a  certain manner.  R.C.  2731.03; State ex
     rel. DeVille Photography,  Inc. v. McCarroll  (1958), 167
     Ohio St. 210.  Herein, mandamus may not be  used to order
     the  respondent  to  grant  judgment  on  behalf  of  the
     relator.  State ex rel. Tillimon v. Weiher, supra.
State ex rel. Douglas v. Fuerst  (Dec. 30, 1996), Cuyahoga App. No.
71595, unreported.
     Additionally,  we  note  that  relator  has not  responded  to
respondent's motion for  summary judgment.  As a  consequence, this
is an appropriate case for dismissal for lack of prosecution.  See,
e.g., State ex rel. Edwards v. Curran (June 5, 1997), Cuyahoga App.
No. 71197,  unreported, at  2-4; State  ex rel.  Edwards v.  Curran
(June 5, 1997), Cuyahoga App. No. 71226, unreported, at 5.
                                -3-
     Accordingly,  respondent's  motion  for  summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
.