COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                        NOS. 74203/74280
STATE OF OHIO, ex rel.        :
CHARLES BROOKS                :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 94428
                              :
DANIEL GAUL, JUDGE            :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    MAY 14, 1998
JUDGMENT                      :    WRITS DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           CHARLES BROOKS, pro se
                              #A293-513
                              Ohio State Reformatory
                              Post Office Box 788
                              Mansfield, Ohio  44901
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              DIANE SMILANICK, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     On  March 23,  1998, the  relator, Charles  Brooks, filed  a
complaint for  a writ of  mandamus (Cuyahoga  Appellate Case  No.
74203).  On April 3, 1998, the relator filed a second,  identical
complaint for  a writ of  mandamus (Cuyahoga  Appellate Case  No.
74280).   The  relator, through  his two  separate but  identical
complaints, seeks  an order from  this court  requiring that  the
respondent, Judge Daniel J. Gaul, render a ruling and further issue
 findings  of fact  and conclusions  of  law   with regard  to  a
successive petition for post-conviction relief that was filed  in
the underlying case of State v. Brooks, Cuyahoga Common Pleas Case
No. CR-299774.   The respondent has filed two motions for summary
judgment.
     Attached to the respondent's motions for summary judgment are
copies of  the   findings of  fact and  conclusions of  law,   as
journalized  on  April  21,  1998,  which  denied  the  relator's
successive  petition  for  post-conviction  relief.    Thus,  the
relator's request for 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 motions for summary judgment are
granted.  Costs to relator.
     Writs denied.
                               -3-
JAMES M. PORTER, J., CONCURS
                                   PATRICIA A. BLACKMON
                                   ADMINISTRATIVE JUDGE
.