COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74515
STATE OF OHIO, ex rel.        :
MICHAEL PENN                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 96123
                              :
CLERK OF COURTS               :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    AUGUST 6, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           MICHAEL PENN, pro se
                              #A271-404
                              Post Office Box 5500
                              Chillicothe, Ohio  45601-0990
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.:
     Michael Penn, relator, is seeking a writ of mandamus to compel
the clerk of court to notify him of the judgment rendered by  the
trial court  on  his  successive postconviction  petition.    The
prosecutor moved for summary judgment and attached a certified copy
of both the docket, which indicates respondent mailed notice of the
judgment on December 23, 1997, and the journal entry of the trial
court,   which   denied   relator's   successive   petition   for
postconviction relief in Cuyahoga County Common Pleas Case No. CR-
284542 on December 9, 1997.  Since the requested relief has  been
performed, this  action is  moot.   State ex  rel. Jerningham  v.
Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d  278,
658 N.E.2d 723.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Costs to relator.
JAMES M. PORTER, J., CONCURS
.