COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73883
STATE OF OHIO, ex rel.        :
DAVID MAHONEY                 :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 94398
                              :
SHIRLEY STRICKLAND SAFFOLD,   :
   et al                      :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondents              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    MAY 14, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           DAVID MAHONEY, pro se
                              #213-841
                              Post Office Box 1812
                              Marion, Ohio  43301
For respondent                STEPHANIE TUBBS-JONES
Gerald E. Fuerst  :           Cuyahoga County Prosecutor
                              CATHIE T. CHANCELLOR, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
For respondent                STEPHANIE TUBBS-JONES
Stephanie Tubbs-Jones:        Cuyahoga County Prosecutor
                              RANDI MARIE OSTRY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
PATRICIA A. BLACKMON,A.J.:
                               -2-
     David Mahoney,  relator, is seeking  a writ  of mandamus  to
compel  Judge Shirley  Saffold to  provide findings  of fact  and
conclusions  of  law   for  the  denial   of  his  Petition   for
Postconviction Relief  and a writ  of mandamus  to compel  Gerald
Fuerst to forward copies of the court's rulings.  Both respondents
moved for summary judgment  and, for the reasons that follow,  we
grant both motions.
     Attached as  Exhibit  "A" to  Judge  Saffold's motion  is  a
certified copy  of  an opinion  and  journal entry  disposing  of
relator's petition that  was filed February 20, 1998 in  Cuyahoga
County Court of Common Pleas Case No. CR-240354.  This attachment
establishes that respondent  has provided  the requested  relief.
Relator's request for a writ of mandamus against Judge Saffold is
thus moot.  State ex rel. Jerningham v. Cuyahoga County Court  of
Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723.
     Attached to respondent Fuerst's motion for summary judgment is
a copy of Judge Saffold's opinion disposing of relator's petition
for postconviction relief.  This attachment does not moot the writ
action against respondent Fuerst and in no way supports the motion
for summary judgment on his behalf.  We grant respondent Fuerst's
motion, however, only for the reason that the requested relief from
Mr. Fuerst  has already  been performed.   Assistant  Prosecuting
Attorney Randi Ostry,  who is representing Judge Saffold in  this
action, stated in her Certificate of Service that she served a copy
of her motion for summary judgment upon relator.  Exhibit "A"  to
Judge Saffold's  motion  not only  contained the  disposition  of
                               -3-
relator's postconviction petition but also contained an order  to
respondent  Fuerst to serve  the same upon  relator.  Since  both
prosecutors certified that they served their motions, which should
have included all attachments, upon relator, relator should  have
received a  copy  of Judge  Saffold's  decision either  from  the
prosecutors or through the order of Judge Saffold to the clerk of
court to serve the same upon relator.  See State ex rel. Iacovone
v. Fuerst (July 3, 1997), Cuyahoga App. No. 72254, unreported.
     Accordingly, this  case is dismissed.   Costs split  equally
between respondents.
JAMES M. PORTER, J., CONCURS
.