COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 75903
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
RICHARD E. CARLEY             :    MANDAMUS
                              :
               Relator        :    MOTION NO. 6056
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
PATRICIA CLEARY, JUDGE        :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    MAY 13, 1999
JUDGMENT                 :    WRIT DENIED.
APPEARANCES:
For Relator              :    RICHARD E. CARLEY, Pro Se
                              No. 356-102
                              P. O. Box 788
                              Mansfield, Ohio 44901
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              RENEE L. SNOW, 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
issue findings of fact and conclusions of law with respect to the
                               -2-
petition for postconviction  relief filed by relator in State  v.
Carley, Cuyahoga County Court of Common Pleas Case No. CR-355976.
     Respondent has filed a motion for summary judgment.  Relator
has not opposed the motion.   Attached to the motion for  summary
judgment is a copy of an order received for filing on October 13,
1998 which states:
          Defendant's motion for post conviction relief denied
     as the matters presented therein would be more properly
     adddressed [sic]  on  direct appeal  if same  has  been
     presented by way of direct appeal, those issues may not
     be religated [sic].
Respondent argues that this entry is sufficient to discharge  her
responsibility under R.C. 2953.21(C) and (G) to issue findings of
fact  and  conclusions  of  law  when  denying  a  petition   for
postconviction relief.   Compare State ex rel. Pulliam v.  Greene
(Mar. 5, 1998), Cuyahoga App. No. 73746, unreported, quoting State
ex rel. Konoff v. Moon (1997), 79 Ohio St.3d 211, 212, 680 N.E.2d
989 [citing State ex rel. Carrion v. Harris (1988), 40 Ohio St.3d
19,  19-20, 530  N.E.2d  1330,  1330-1331].   As  a  consequence,
respondent argues that this action in mandamus is, therefore, moot.
We agree.
     In reaching this decision, however, we do not decide the issue
of the sufficiency of the October 13, 1998 entry.  Rather, we note
that relator's appeal of  the October 13, 1998 entry is  pending.
See  Case No. 76088.   This court--in  its exercise of  appellate
jurisdiction--will have the opportunity to determine whether  the
October 13, 1998 entry is sufficient.
     Accordingly, respondent's  motion  for summary  judgment  is
                               -3-
granted.  Relator to pay costs.
     Writ denied.
ANN DYKE, J., CONCURS.
.