COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75905
STATE OF OHIO, ex rel.        :
JAMES A. SPIVEY               :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 4399
                              :
COURT OF COMMON PLEAS         :    JOURNAL ENTRY AND OPINION
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    MARCH 18, 1999
APPEARANCES:
For relator       :           JAMES  A. SPIVEY, pro se
                              #343-362
                              Be.C.I.
                              68518 Bannock Road
                              St. Route 331
                              St. Clairsville, Ohio  43950
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              RENEE L. SNOW, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES M. PORTER, A.J.
     James A. Spivey, relator,  is seeking a writ of mandamus  to
compel respondent, the Cuyahoga County Court of Common Pleas,  to
issue a ruling on his Motion to Correct/Clarify Jail Time  Credit
filed July 29, 1998, in C.P. Case No. CR-353868.  Respondent moved
for summary judgment and attached a certified, file-stamped copy of
a journal entry  wherein Judge Eileen  Gallagher, on February  8,
1999, granted relator's motion  and ordered that relator  receive
eighty-five days of  jail time credit.  Having demonstrated  that
this action is now moot, respondent's motion for summary judgment
is granted.
     Case dismissed.  Costs to respondent.
ANN DYKE, J., CONCURS
.