COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73967
STATE OF OHIO, ex rel.        :
DARRELL WHITTAKER             :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 93578
                              :
JUDITH KILBANE KOCH           :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    APRIL 16, 1998
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           DARRELL WHITTAKER pro se
                              #332-232
                              B.C.I. - Post Office Box 540
                              St. Clairsville, Ohio  43950
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DANIEL M. MARGOLIS, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Darrell Whittaker, seeks a writ of mandamus in order
to compel the respondent, Judge Judith Kilbane Koch, 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. Whittaker, Cuyahoga County Court
of Common Pleas Case No.  CR-337407.  The respondent has filed  a
motion  for summary  judgment, which  this court  grants for  the
following reasons.
     Attached to the respondent's motion for summary judgment is a
copy of  the  findings of fact  and conclusions of law  that  was
journalized on  March 12,  1998,  and filed  in CR-337407.    The
relator's request for a writ of mandamus is thus 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
.