COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 76439 STATE OF OHIO ex rel. : EDUARDO TORRES : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 9206 : COURT OF COMMON PLEAS : JOURNAL ENTRY AND OPINION CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : AUGUST 26, 1999 APPEARANCES: For relator : EDUARDO TORRES, pro se #209-647 878 Coitsville-Hubbard Road Youngstown, Ohio 44505 For respondent : WILLIAM D. MASON Cuyahoga County Prosecutor RENO J. ORADINI, JR., Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES M. PORTER, A.J. Eduardo Torres, relator, filed a petition for a writ of mandamus to compel respondent, the Court of Common Pleas, to issue findings of fact and conclusions of law for the denial of his petition for postconviction relief in C.P. Case No. CR-306484. Respondent moved for summary judgment and attached a file-stamped, certified copy of the requested findings, which were filed in C.P. Case No. CR-306484 on July 19, 1999. This action is now moot since the requested relief has been performed. A writ of mandamus cannot be issued to compel an act already performed. State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723. Accordingly, respondent's motion for summary judgment is granted. Writ denied. Costs to respondent. ANN DYKE, J. CONCURRING. .