COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 74955
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
JUSTIN MAYES                  :    MANDAMUS
                              :
               Relator        :    MOTION NO. 98772
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
TIMOTHY MCCORMICK, JUDGE      :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION        :    OCTOBER 1, 1998
JUDGMENT                      :    WRIT DENIED.
APPEARANCES:
For Relator                   :    JUSTIN MAYES, Pro Se
                                   No. 340-586
                                   P. O. Box 209
                                   Orient, Ohio 43146
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   SALEH A. AWADALLAH, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
PATRICIA A. BLACKMON, A.J.:
     Relator avers that he  filed a motion to correct an  illegal
sentence in State v. Mayes Cuyahoga County Court of Common  Pleas
Case No. CR-333965 on May  22, 1998.  Relator requests that  this
court compel the court  of common pleas to  make a ruling on  his
motion.
     Respondent has filed a motion for summary judgment (Motion No.
97629) attached to which is  a copy of the journal entry  denying
relator's motion to  reconsider sentence.  The journal entry  was
received for filing by the clerk on July 28, 1998--the same date on
which relator filed his  complaint.  Relator has not opposed  the
motion.   Respondent  argues that  this  action in  mandamus  is,
therefore, moot.  We agree.
     Furthermore, relator  failed  to comply  with Loc.  App.  R.
8(B)(1) which requires  that complaints in  original actions   be
supported by an affidavit from the plaintiff or relator specifying
the details of the claim.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
JAMES M. PORTER, J., CONCURS.
.