COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 75395
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
ERIC COPELAND                 :    MANDAMUS
                              :
               Relator        :    MOTION NO. 2782
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
RICHARD J. MCMONAGLE, JUDGE   :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    JANUARY 21, 1999
JUDGMENT                 :    WRIT DENIED.
APPEARANCES:
For Relator              :    ERIC COPELAND, Pro Se
                              No. 340-433
                              London Correctional Institution
                              P. O. Box 69
                              Lima, Ohio 43140-0069
For Respondent           :    Cuyahoga County Prosecutor
                              L. CHRISTOPHER FREY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
JAMES M. PORTER, A.J.:
     Relator requests that this court compel respondent judge  to
rule on the motion for jail time credit filed in State v. Copeland,
                               -2-
Cuyahoga County Court of Common Pleas Case Nos. CR-346122, 346140,
346529 and 346584 on March 16, 1998.
     Respondent has filed a motion for summary judgment (Motion No.
1164) attached to which  is a copy of  a journal entry issued  by
respondent and received for  filing by the clerk on November  23,
1998 in which respondent granted relator 179 days jail time credit.
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.  Respondent to pay costs.
     Writ denied.
ANN DYKE, J., CONCURS.
.