COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 73979
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
LARRY HARBERT                 :    MANDAMUS
                              :
               Relator        :    MOTION NO. 94279
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
JUDGE JUDITH KILBANE KOCH     :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    MAY 7, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator                   :    LARRY HARBERT, Pro Se
                                   No. A-304-082
                                   North Central Corr. Inst.
                                   P. O. Box 1812
                                   Marion, Ohio 43301-1812
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   DIANE SMILANICK, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
PATRICIA A. BLACKMON, A.J.:
     On February 13, 1998, the relator, Larry Harbert,  commenced
                               -2-
this mandamus action against the respondent, Judge Judith Kilbane-
Koch, to compel the judge to issue findings of fact and conclusions
of law for a postconviction relief petition which Mr. Harbert filed
in August 1996,  in the underlying case,  State of Ohio v.  Larry
Harbert,Cuyahoga Cty. C.P. Case No. CR-317946.  On March 25, 1998,
the respondent, through the Cuyahoga County Prosecutor, moved for
summary  judgment on the  grounds of mootness.   Attached to  the
dispositive motion  was a copy of  a certified, signed and  file-
stamped journal entry containing the requisite findings of fact and
conclusions of law  for Mr. Harbert's petition.  This  attachment
establishes that  the judge has fulfilled  her duty to issue  the
findings of fact and conclusions of law and that Mr. Harbert  has
received  the  relief  he has  requested,  a  resolution  of  his
postconviction petition. Mr. Harbert never filed a response to the
dispositive motion.
     Accordingly, this  mandamus action is  moot, the motion  for
summary judgment is  granted, and this writ action is  dismissed.
Respondent to pay costs.
JAMES M. PORTER, J., CONCURS.
.