COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 75579 STATE OF OHIO, ex rel. : JOHN J. McKENNA : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 2425 : CAROLYN FRIEDMAN, JUDGE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : JANUARY 21, 1999 APPEARANCES: For relator : JOHN J. McKENNA, pro se #110-524 Belmont Correctional Institution Post Office Box 540 St. Clairsville, Ohio 43950 For respondent : CARMEN MARINO Acting Cuyahoga County Prosecutor DIANE SMILANICK, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES M. PORTER, A.J. Relator, John J. McKenna, seeks a writ of mandamus in order to compel the respondent, Judge Carolyn Friedland, to grant pre- conviction jail time credit in the underlying case of State v. McKenna, Cuyahoga County Court of Common Pleas Case No. CR-365758. The respondent has filed a motion for summary judgment. Attached to the respondent's motion for summary judgment is a copy of a judgment entry, as journalized on December 21, 1998, which demonstrates that the relator's motion for pre-conviction jail time credit was granted in the amount of sixty-six (66) days. The respondent has fulfilled her duty to grant the relator credit for any pre-conviction incarceration; thus, the relator's request for mandamus is moot. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278. Accordingly, we grant the respondent's motion for summary judgment. Costs to respondent. Writ denied. ANN DYKE, J., CONCURS JAMES M. PORTER ADMINISTRATIVE JUDGE .