COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 74626 STATE OF OHIO, ex rel. : ABDUL K. SHARIF : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 97226 : JUDGE MICHAEL GALLAGHER : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : AUGUST 20, 1998 JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For relator : ABDUL K. SHARIF, pro se 670 Marion-Williamsport Road, E. Post Office Box 1812 Marion, Ohio 43301-1812 MARK A. JOHNSON #268-283 North Central Correctional Inst. Post Office Box 1812 Marion, Ohio 43301- For respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor RANDI MARIE OSTRY, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- PATRICIA A. BLACKMON,A.J.: Relator, Abdul K. Sharif, seeks a writ of mandamus in order to compel the respondent, Judge Michael Gallagher, to issue findings of fact and conclusions of law with regard to a motion for exoneration and dismissal of charges and discharge and a motion for summary judgment pursuant to Civil Rule 56(A), as filed in the underlying case of State v. Sharif, Cuyahoga County Court of Common Pleas Case No. CR-238403. The respondent has filed a motion to dismiss, which this Court grants for the following reasons. Attached to the motion to dismiss are journalized copies of judgments that clearly demonstrate that the respondent has disposed of the relator's two motions as filed in Cuyahoga County Common Pleas Case No. CR-238403. In addition, the respondent possesses no duty to issue findings of fact and conclusions of law upon disposition of the relator's two motions. 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. In addition, the relator is once again forewarned that the filing of frivolous actions shall result in the loss of his indigency status within this court. See prior warning as issued in State ex rel. Sharif v. Stephanie Tubbs Jones, Cuyahoga County Prosecutor (May 21, 1998), Cuyahoga App. No. 74260, unreported. Writ dismissed. Costs to relator. -3- JAMES M. PORTER, J., CONCURS .