COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73451
STATE OF OHIO, ex rel.        :
JOHN M. PLEICHNER             :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 90006
                              :
JUDGE NANCY RUSSO             :    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       :           JOHN M. PLEICHNER, pro se
                              #341-635
                              Trumbull Correctional Institution
                              Post Office Box 901
                              Leavittsburg, Ohio 44430-0901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              ERIKA RITT, 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 the motion for jail time credit filed by relator in State v.
Pleichner, Cuyahoga County  Court of Common  Pleas Case Nos.  CR-
340871 and 342954.
     Respondent has filed a motion for summary judgment (Motion No.
88967), attached to which are copies of journal entries issued by
respondent and  received for filing by  the clerk on October  23,
1997, in which respondent granted relator forty-five 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.
.