COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 74546
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
ANTHONY MELTON                :    MANDAMUS
                              :
               Relator        :    MOTION NO. 97209
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
PATRICIA A. CLEARY, JUDGE     :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    AUGUST 6, 1998
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator                   :    ANTHONY MELTON, Pro Se
                                   No. 334-053
                                   Belmont Correctional Inst.
                                   P. O. Box 540
                                   St. Clairsville, Ohio 43950
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   GAIL D. BAKER, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
PATRICIA A. BLACKMON, A.J.:
     Relator requests that this court compel respondent judge  to
                               -2-
issue an  order granting  relator jail  time credit  in State  v.
Melton, Cuyahoga County Court of Common Pleas Case No. CR-295770.
     Respondent has filed a motion for summary judgment (Motion No.
95850--which is misnamed  answer and motion for summary judgment,
see Civ.R. 7 and 56) attached to which is a copy of a journal entry
issued by respondent and received for filing by the clerk on June
11, 1998  in which respondent granted  relator 44 days jail  time
credit.  Relator has  not opposed the motion.  Respondent  argues
that she is entitled to summary judgment in her favor.  We agree.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Respondent to pay costs.
     Writ denied.
JAMES M. PORTER, J., CONCURS.
                              PATRICIA A. BLACKMON,
                              ADMINISTRATIVE JUDGE
.