COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73851
STATE OF OHIO, ex rel.        :
NATHANIEL M. HOWARD           :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 94763
                              :
PEGGY FOLEY-JONES, JUDGE      :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    MAY 21, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           NATHANIEL HOWARD, pro se
                              #304-185
                              Trumbull Correctional Institution
                              Post Office Box 901
                              Leavittsburg, Ohio  44430-0901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DIANE SMILANICK, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     On January 15, 1998, the relator, Nathaniel M. Howard, filed
a complaint for a writ of  mandamus.  The relator seeks an  order
from this court requiring the respondent, Judge Peggy Foley-Jones,
to  render a  ruling and  further  issue   findings of  fact  and
conclusions of law  with regard to a petition for post-conviction
relief that was filed in the underlying case of State v.  Howard,
Cuyahoga Common  Pleas Case No. CR-314816.    The respondent  has
filed a motion for summary judgment.
     Attached to the respondent's motion for summary judgment is a
copy of  the   findings  of  fact and  conclusions  of law  ,  as
journalized on April 21, 1998, which denied the relator's petition
for post-conviction  relief.   Thus,  the relator's  request  for
mandamus is moot.  State ex rel. Gantt v. Coleman (1983), 6  Ohio
St.3d  5; State ex  rel. Jerningham v.  Cuyahoga County Court  of
Common Pleas (1996), 74 Ohio St.3d 278.
     Accordingly, the respondent's motion for summary judgment is
granted.  Costs to respondent.
     Writ denied.
JAMES M. PORTER, J., CONCURS
.