COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 72950
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
NEIL R. KLOSTERMEYER          :    PROCEDENDO
                              :
               Relator        :    MOTION NO. 89278
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
JUDGE WILLIAM E. AURELIUS     :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 11, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator                   :    NEIL R. KLOSTERMEYER, Pro Se
                                   No. 184-438
                                   Mansfield Correctional Inst.
                                   P. O. Box 788
                                   Mansfield, Ohio 44901
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   ARTHUR A. ELKINS, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
JAMES D. SWEENEY, C.J.:
     Relator requests that this court compel respondent judge  to
                               -2-
issue a ruling with respect  to the motion for certified copy  of
indictment filed  by relator in  State v. Klostermeyer,  Cuyahoga
County Court of Common Pleas Case No. CR-177990 on May 29, 1997.
     Respondent has filed a motion for summary judgment (Motion No.
86234) attached to which is a copy of the journal entry  granting
relator's motion and received for filing by the clerk on August 15,
1997. Relator has not opposed the motion.  Respondent argues that
this action in procedendo is, therefore, moot.  We agree.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
.