COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73249
STATE OF OHIO, ex rel.        :
CHARLES BROOKS                :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 89123
                              :
DANIEL GAUL, JUDGE            :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 4, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           CHARLES BROOKS, pro se
                              #A293-513
                              Post Office Box 788
                              Mansfield, Ohio  44901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DIANE SMILANICK, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES D. SWEENEY, C.J.:
     Relator, Charles Brooks, seeks a writ of mandamus in order to
compel the respondent, Judge Daniel Gaul, to render judgment with
regard to a petition for post-conviction relief that was filed in
the underlying case of State v. Brooks, Cuyahoga Common Pleas Case
No.  Cr-299774.  The  respondent has filed  a motion for  summary
judgment.
     Attached to the respondent's motion for summary judgment is a
copy of findings of fact and conclusions of law, as journalized on
October 28, 1997,  which denied the relator's petition for  post-
conviction relief. The relator's request for a writ of mandamus is
thus moot.  State ex rel. Gantt v. Coleman (1983), 6 Ohio St. 3d.
5.
     Accordingly, we grant  the respondent's  motion for  summary
judgment.   Costs to respondent.  Writ denied.
.