COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 74568 STATE OF OHIO, EX REL. : PETITION FOR WRIT OF ROBERT HECKELMOSER : MANDAMUS : Relator : MOTION NO. 97330 : vs. : JOURNAL ENTRY AND OPINION : JANET R. BURNSIDE, JUDGE : COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : : DATE OF ANNOUNCEMENT OF DECISION : AUGUST 13, 1998 JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : APPEARANCES: For Relator : ROBERT HECKELMOSER, Pro Se No. 283-607 Trumbull Correctional Inst. P. O. Box 901 Leavittsburg, Ohio 44430-0901 For Respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor DIANE SMILANICK, 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 findings of fact and conclusions of law with respect to the petition for postconviction relief filed by relator in State v. Heckelmoser, Cuyahoga County Court of Common Pleas Case No. CR- 300191 in February, 1997 and supplemented in January, 1998. Respondent has filed a motion for summary judgment (Motion No. 96339) 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 June 30, 1998. Relator has not opposed the motion. Clearly, this action in mandamus is moot. 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 .