COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74138
STATE OF OHIO, ex rel.        :
MIGUEL GROSS                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 94104
                              :
KATHLEEN SUTULA, JUDGE        :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    MAY 7, 1998
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           MIGUEL GROSS, pro se
                              #314-728
                              Post Office Box 1812
                              Marion, Ohio  43301-1812
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              LISA REITZ WILLIAMSON, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Miguel Gross, has  filed a complaint for a writ  of
mandamus  and seeks an  order from this  court that requires  the
respondent, Judge Kathleen Sutula, to render a ruling and further
issue  findings of fact and conclusions of law  with regard  to a
petition for postconviction relief that was filed in the underlying
case of Statev. Gross, Cuyahoga County Court of Common Pleas Case
No.  CR-327317.  The  respondent has filed  a motion for  summary
judgment, which this court grants for the following reason.
     Attached to the respondents's motion for summary judgment is
a copy  of the   findings  of fact and  conclusions of  law,   as
journalized on April 10, 1998, which denied the relator's petition
for postconviction relief; 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 respondents's motion for summary judgment is
granted.  Costs to respondent.
     Writ denied.
JAMES M. PORTER, J., CONCURS
.