COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 74473 STATE OF OHIO, EX REL. : PETITION FOR WRIT OF GENTRY TILLMAN : PROCEDENDO : Relator : MOTION NO. 98579 : vs. : JOURNAL ENTRY AND OPINION : DANIEL O. CORRIGAN, JUDGE : COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : OCTOBER 1, 1998 APPEARANCES: For Relator : GENTRY TILLMAN, Pro Se No. A232-335 Mansfield Correctional Inst. P. O. 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. GLACKMON, A.J.: Relator requests that this court compel respondent judge to issue findings of fact and conclusions of law with respect to the petition for postconviction relief filed by relator in State v. Tillman, Cuyahoga County Court of Common Pleas Case No. CR-254165 on September 23, 1996. Respondent has filed a motion for summary judgment (Motion No. 97159) attached to which is a copy of the findings of fact and conclusions of law issued by respondent and received for filing by the clerk on July 21, 1998. Relator has not opposed the motion. Respondent argues that this action in procedendo is, therefore, moot. We agree. Accordingly, respondent's motion for summary judgment is granted. Respondent to pay costs. Writ denied. JAMES M. PORTER, J., CONCURS. .