COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74491
STATE OF OHIO, ex rel.        :
DAVID C. LOWSTETTER           :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 97786
                              :
DONNA C. FITZSIMMONS, JUDGE   :    JOURNAL ENTRY AND OPINION
ROCKY RIVER MUNICIPAL COURT
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    AUGUST 27, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           DAVID C. LOWSTETTER, pro se
                              #A332-829
                              Lorain Correctional Institution
                              2075 South Avon Beldon Road
                              Grafton, Ohio  44044
For respondent    :           PATRICK F. ROCHE
                              Prosecutor, City of Westlake
                              David & Young
                              1700 Midland Building
                              101 Prospect Avenue, West
                              Cleveland, Ohio  44115-1027
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, David C. Lowstetter, seeks a writ of mandamus, or in
the alternative  a writ  of procedendo,  in order  to compel  the
respondent, Judge Donna  C. Fitzsimmons, to render a ruling  with
regard to a motion to dismiss that was filed in the underlying case
of State v. Lowstetter, Rocky River Municipal Court Case No.  96-
CRA-858.  The respondent has filed a motion to dismiss.
     Attached to the respondent's motion to dismiss is a copy of a
journal entry, as journalized on July 24, 1998, which demonstrates
that  the underlying  case of  State v.  Lowstetter, Rocky  River
Municipal Court  Case  No. 96-CRA-858,  has been  dismissed  with
prejudice. The relator's request for a writ of mandamus, or in the
alternative a writ  of procedendo, is thus  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 to dismiss is  granted.
Costs to respondent.
     Writ dismissed.
JAMES M. PORTER, J., CONCURS
.