COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73422
STATE OF OHIO, ex rel.        :
LAMAR FERGUSON                :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 90320
                              :
JUDGE NANCY RUSSO             :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    JANUARY 29, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           LAMAR FERGUSON, pro se
                              #332-557
                              Marion Correctional Institution
                              Post Office Box 57
                              Marion, Ohio  43301-0057
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, A.J.:
     Respondent's Motion for Summary Judgment based on mootness is
granted.  As evidenced by the attached exhibits, in C.P. Case No.
CR-334000,  respondent denied  relator's Motion  for Judgment  of
Imprisonment on March  27, 1997, and  denied relator's Motion  to
Modify Sentence on April 22, 1997, both nearly six months prior to
the institution of this action.  Relator is hereby forewarned that
the filing of frivolous actions  may result in the loss of  one's
indigency status in  this court.  See  State, ex rel. Richard  v.
Cuyahoga County  Commissioners (1995), 100  Ohio App.3d 592,  654
N.E.2d 443.
     Case dismissed.  Costs to relator.
PATRICIA A. BLACKMON, J. CONCURS
.