COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 75514 STATE OF OHIO, ex rel. : JOHNNY RAY FULLER : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 2643 : KATHLEEN ANN SUTULA, JUDGE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : JANUARY 28, 1999 APPEARANCES: For relator : JOHNNY RAY FULLER, pro se #A190-634 Post Office Box 5500 Chillicothe, Ohio 45601 For respondent : WILLIAM A. MASON Cuyahoga County Prosecutor RANDI MARIE OSTRY, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES M. PORTER, A.J. Relator, Johnny Ray Fuller, seeks a writ of mandamus in order to compel the respondent, Judge Kathleen Ann Sutula, to issue find- ings of fact and conclusions of law with regard to a second peti- tion for postconviction relief that was filed and overruled in the underlying case of State v. Fuller, Cuyahoga County Court of Common Pleas Case No. CR-203914. The respondent has filed a motion for summary judgment. A review of the record in CR-203914 reveals that the relator's initial petition for postconviction relief was denied, with find- ings of fact and conclusions of law, on November 9, 1990. The relator's second petition for post-conviction relief was denied, without the benefit of findings of fact and conclusions of law, on December 9, 1997. The respondent, however, possesses no duty to issue findings of fact and conclusions of law with regard to successive petitions for postconviction relief. State ex rel. Luna v. McGimpsey (1996), 74 Ohio St.3d 485; State ex rel. Jennings v. Nurre (1995), 72 Ohio St.3d 596. In addition, the relator pos- sessed an adequate legal remedy at law through an appeal of the judgment that denied the second petition for postconviction relief. R.C. 2953.23(B); State ex rel. Luna v. McGimpsey, supra, at 486. Accordingly, we grant the respondent's motion for summary judgment. Costs to relator. Writ denied. -3- ANN DYKE, J., CONCURS .