COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74464
STATE OF OHIO, ex rel.        :
RUBEN HORTON                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 95816
                              :
COURT OF COMMON PLEAS         :    JOURNAL ENTRY AND OPINION
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    JULY 2, 1998
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           RUBEN HORTON, pro se
                              #284-757
                              Ross Correctional Institution
                              Post Office Box 7010
                              Chillicothe, Ohio  45601
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              ERIKA RITT, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Ruben Horton, seeks a writ of mandamus in order  to
compel the respondent, the Cuyahoga County Court of Common Pleas,
to render a ruling with regard to a motion for shock probation that
was  filed in the  underlying case of  State v. Horton,  Cuyahoga
County Court of Common Pleas Case No. CR-300717.  The  respondent
has filed a motion for summary judgment, which this Court  grants
for the following reason.
     Attached to the respondent's motion for summary judgment is a
copy of a  judgment entry, as journalized  on May 1, 1997,  which
demonstrates that  the relator's motion  for shock probation  was
denied.  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 relator.
     Writ denied.
JAMES M. PORTER, J., CONCURS
.