COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 72970
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
MILDON BALL                   :    MANDAMUS
                              :
               Relator        :    MOTION NO. 89273
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
JOSE VILLANUEVA, JUDGE        :
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                   :    MILDON BALL, Pro Se
                                   No. 310-518
                                   Belmont Correctional Inst.
                                   P. O. Box 540
                                   St. Clairsville, Ohio 43950
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   DIANE SMILANICK, 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  findings of fact  and conclusions of  law with respect  to
themotion for postconviction relief filed by relator in State  v.
Ball, Cuyahoga County Court of Common Pleas Case No. CR-319117 on
August 21, 1996.
     Respondent has filed a motion for summary judgment (Motion No.
86544) attached to which  is a copy of  the findings of fact  and
conclusions of law issued by respondent and received for filing by
the clerk on August 19, 1997.  Relator has not opposed the motion.
Respondent argues that this action in mandamus is, therefore, moot.
We agree.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Respondent to pay costs.
     Writ denied.
.