COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73265
STATE OF OHIO, ex rel.        :
DANIEL T. EADS                :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 89767
                              :
KENNETH R. CALLAHAN           :    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       :           DANIEL EADS, pro se
                              #A242-247
                              Post Office Box 1812
                              Marion, Ohio  43301-1812
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DANIEL M. MARGOLIS, 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
issue findings of fact and conclusions of law with respect to the
petition for postconviction  relief filed by relator in State  v.
Eads, Cuyahoga County Court of Common Pleas Case No. CR-267567 on
September 20, 1996.
     Respondent has filed a motion for summary judgment (Motion No.
87955), 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 October 15, 1997.  Relator has not opposed the motion.
Respondent argues that this action in mandamus is, therefore, moot.
We agree.
     Furthermore, relator failed to comply with Loc.App.R. 8(B)(1),
which requires that complaints in original actions "be supported by
an affidavit from the plaintiff or relator specifying the details
of the claim."
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Respondent to pay costs.
     Writ denied.
.