COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73912 STATE OF OHIO, ex rel. : NEBRASKA HOWARD : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 92695 : COURT OF COMMON PLEAS : JOURNAL ENTRY AND OPINION CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : MARCH 26, 1998 JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : APPEARANCES: For relator : NEBRASKA HOWARD, pro se #143-058 Chillicothe Correctional Inst. Post Office Box 5500 Chillicothe, Ohio 45601 For respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor L. CHRISTOPHER FREY, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- PATRICIA A. BLACKMON,A.J.: Relator, Nebraska Howard, seeks a writ of mandamus in order to compel the respondent, the Cuyahoga County Court of Common Pleas, to issue findings of fact and conclusions of law with regard to a petition for post-conviction relief that was filed and denied in the underlying case of State v. Nebraska, Cuyahoga County Common Pleas Case No. CR-37185. The respondent has filed a motion for summary judgment, which this court grants for the following reason. Attached to the motion for summary judgment is a copy of the respondent's findings of fact and conclusions of law as journalized on February 6, 1998. Thus, the relator's request for a writ of 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 PATRICIA A. BLACKMON ADMINISTRATIVE JUDGE .