COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74899
STATE OF OHIO, ex rel.        :
LEVERT BATES                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 97867
                              :
NANCY M. RUSSO, JUDGE         :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    SEPTEMBER 3, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           LEVERT BATES, pro se
                              #A203-484
                              2075 South Avon-Belden Road
                              Grafton, Ohio  44044
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              GEORGE J. SADD, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Levert Bates, has  filed a complaint for a writ  of
mandamus and seeks an  order from this court, which requires  the
respondent, Judge Nancy M.  Russo, to issue findings of fact  and
conclusions of law with regard to a petition for  post-conviction
relief that was filed in  the underlying case of State v.  Bates,
Cuyahoga County  Court of Common Pleas  Case No. CR-225312.   The
respondent has filed a motion to dismiss.
     Attached  to  the  motion  to  dismiss  is  a  copy  of  the
respondent's findings of fact and conclusions of law as journalized
on August 10, 1998.  The relator's request for a writ of mandamus
is thus moot.  State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d
5; State  ex rel. Jerningham v.  Cuyahoga County Court of  Common
Pleas 91996), 74 Ohio St.3d 278.
     Accordingly, the respondent's motion to dismiss is  granted.
Costs to respondent.
     Writ dismissed.
JAMES M. PORTER, J., CONCURS
                                   PATRICIA A. BLACKMON
                                   ADMINISTRATIVE JUDGE
.