COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 76567
STATE OF OHIO ex rel.         :
CARL ADAMS                    :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 9752
                              :
JUDGE KENNETH R. CALLAHAN     :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    SEPTEMBER 16, 1999
APPEARANCES:
For relator       :           CARL ADAMS, pro se
                              #198-296
                              Marion Correctional Institution
                              Post Office Box 57
                              Marion, Ohio  43301-0057
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              GAIL D. BAKER, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES M. PORTER, A.J.
     Carl Adams, relator, is seeking a writ of mandamus to compel
respondent,  Judge Kenneth R.  Callahan, to issue  a ruling on  a
Motion for New Trial filed  in C.P. Case No. CR-218509 "over  six
months" ago. Respondent moved to dismiss the petition as moot and
attached a file-stamped, certified copy of a journal entry wherein
respondent denied relator's motion on July 26, 1999.  This action
is thus moot. 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 to dismiss is granted.
     Case dismissed.  Costs to respondent.
ANN DYKE, J., CONCURS
.