COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 76117
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
JAMES E. WALLS                :    MANDAMUS
                              :
               Relator        :    MOTION NO. 6405
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
NANCY RUSSO, JUDGE            :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    MAY 20, 1999
JUDGMENT                 :    WRIT DENIED.
APPEARANCES:
For Relator              :    JAMES E. WALLS, Pro Se
                              No. 164-212
                              5701 Burnett Road
                              Leavittsburg, Ohio 44430
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              SHERRY F. MCCREARY, 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-
motion for  postconviction relief filed  by relator  in State  v.
Walls, Cuyahoga County Court of Common Pleas Case No. CR-163254 on
or about January 21, 1998.
     Respondent has filed a motion for summary judgment attached to
which is a copy  of the findings of  fact and conclusions of  law
issued by respondent and received for filing by the clerk on April
7, 1999.  Relator has not opposed the motion.  Respondent  argues
that this action in mandamus is, therefore, moot.  We agree.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Respondent to pay costs.
     Writ denied.
ANN DYKE, J., CONCURS.
                              JAMES M. PORTER,
                              ADMINISTRATIVE JUDGE
.