COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  72924
STATE OF OHIO, ex rel.        :
GIOVANNI MANTIONE             :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 87851
                              :
ANTHONY O. CALABRESE, JUDGE   :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    OCTOBER 23, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           GIOVANNI MANTIONE, pro se
                              Post Office Box 57
                              M.C.I.
                              Marion, Ohio  43301-0057
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              LISA REITZ WILLIAMSON, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                                2
JAMES D. SWEENEY, C.J.:
     Relator, Giovanni Mantione, seeks a writ of mandamus in order
to compel the  respondent, Judge Anthony O. Calabrese, to  render
findings of fact and conclusions of law with regard to a petition
for post-conviction relief that was filed on March 10, 1997.   In
addition, the relator requests that this court grant mandamus with
regard to a "motion for the trial court to withdraw its  judgment
entry  taken on  April 11,  1997 and  to enter  a judgment  entry
consistent to fact and law of the facts of the null indictment" as
filed on April 23, 1997.   The respondent has filed a motion  for
summary judgment.
     A review of the trial court record in Cuyahoga Common  Pleas
Case No. CR-308251 demonstrates that the relator issued findings of
fact and conclusions of law on April 11, 1997.  In addition,  the
relator denied the respondent's motion to withdraw on May 1, 1997.
Thus, the relator's request for mandamus is moot.  State ex  rel.
Gantt v. Coleman (1983), 6 Ohio St.3d 5.
     Accordingly, the respondent's motion for summary judgment is
granted.  Costs to relator.
     Writ denied.
.