COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 74649
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
ALI A. AKBAR-EL               :    PROCEDENDO
                              :
               Relator        :    MOTION NO. 98608
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
CHRISTOPHER BOYKO, JUDGE      :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION        :    OCTOBER 1, 1998
JUDGMENT                      :    WRIT DENIED.
APPEARANCES:
For Relator                   :    ALI A. AKBAR-EL, Pro Se
                                   No. 139-432
                                   Chillicothe Correctional Inst.
                                   P. O. Box 5500
                                   Chillicothe, Ohio 45601
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   SHERRY F. McCREARY, 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
issue findings of fact and conclusions of law with respect to the
                               -2-
petition for postconviction  relief filed by relator in State  v.
Akbar-El, Cuyahoga County Court of Common Pleas Case No. CR-12073
on September 13, 1996.
     Respondent has filed a motion for summary judgment (Motion No.
96271) 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.  By entry dated July 29, 1998,  this
court  granted  relator  an  extension  of  time  to  respond  to
respondent's motion.  By separate entry, we have denied relator's
second request  for extension of time  to respond to the  motion.
That is, respondent has issued findings of fact and conclusions of
law which is the relief relator requested.  Respondent argues that
this action in procedendo is, therefore, moot.  We agree.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
JAMES M. PORTER, J., CONCURS.
.