COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 75392
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
DEVIN CHANEY                  :    MANDAMUS
                              :
               Relator        :    MOTION NO. 9062
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
BRIAN CORRIGAN, JUDGE         :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    AUGUST 19, 1999
JUDGMENT                 :    WRIT DENIED.
APPEARANCES:
For Relator              :    DEVIN CHANEY, Pro Se
                              No. 323-894
                              P. O. Box 1812
                              Marion, Ohio 43301
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              RANDI MARIE OSTRY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
JAMES M. PORTER, A.J.:
     On October 16, 1998, the relator, Devin Chaney, commenced this
mandamus action against the respondent, Judge Brian Corrigan,  to
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compel the judge to send the North Central Correctional Institution
in Marion a copy of a journal entry in which the common pleas court
granted Mr. Chaney 137 days of jail time credit in the underlying
case, State of Ohio v. Devin Chaney, Cuyahoga County Common Pleas
Court Case No.  CR-336617.  The trial  court on January 8,  1997,
granted Mr.  Chaney's motion for jail  time credit.  Mr.  Chaney,
however, maintains that because the trial court did not  instruct
the clerk to mail a copy of the entry to his current  prison, the
prison administrators did not properly credit his sentence.
     On July 12, 1999, the respondent, through the Cuyahoga County
Prosecutor, moved  to  dismiss.1   Because this  motion  contains
material outside the pleadings, this court considers the motion as
one for summary judgment. Civ. R. 12 and 56.  The last attachment
is a page from the docket of the underlying case.  Under the entry
granting the motion for jail time credit is a new notation stating
that  the  entry  was mailed  on  July  9, 1999,  to  the  Marion
Correctional Institution.  This  establishes that Mr. Chaney  has
received the requested relief, and  the matter is now moot.   Mr.
Chaney never filed a reply to the dispositive motion.
     Accordingly, the respondent's motion for summary judgment is
     1 This motion to dismiss also submits the following:  The
trial court was unaware that Mr. Chaney had been transferred to
another prison, and the entry granting the jail time credit was
originally sent to the first prison.  Mr. Chaney cited no
authority for the proposition that the trial court had the duty
to send the entry to the current prison.  The underlying case was
previously on the docket of another judge, and the case was never
assigned to Judge Brian Corrigan.  The respondent did not reply
earlier to this action because of the confusion caused by a very
similar mandamus action filed by Mr. Chaney against Judge
Corrigan which the judge answered himself.
                               -3-
granted, and  the application for a  writ of mandamus is  denied.
Costs assessed against relator.
ANN DYKE, J., CONCURS.
.