COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73190
STATE OF OHIO, ex rel.        :
ROCCO ORTIZ                   :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 89779
                              :
DANIEL CORRIGAN, JUDGE        :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 24, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           ROCCO ORTIZ, pro se
                              #312-733
                              Trumbull Correctional Institution
                              Post Office Box 901
                              Leavittsburg, Ohio  44430-0901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              SHERRY F. McCREARY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES D. SWEENEY, C.J.:
     Relator requests that this court compel respondent judge  to
grant  relator's motion for  jail time credit  filed in State  v.
Ortiz, Cuyahoga County Court of Common Pleas Case No. CR-322464, on
May 19, 1997.
     Respondent has filed a motion for summary judgment (Motion No.
87952), attached to which is a copy of a journal entry issued  by
respondent and  received for filing by  the clerk on October  15,
1997, in which  respondent granted relator two hundred four  days
jail time credit.  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.  Relator to pay costs.
     Writ denied.
.