COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 76571 STATE OF OHIO ex rel. : VITTORIO DELGADO : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 8860 : ANTHONY O, CALABRESE, JUDGE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : AUGUST 12, 1999 APPEARANCES: For relator : VITTORIO DELGADO, pro se #A356-259 2075 S. Avon Belden Road Grafton, Ohio 44044 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. Relator, Vittorio Delgado, seeks a writ of mandamus/procedendo in order to compel the respondent, Judge Anthony O. Calabrese, to issue findings of fact and conclusions of law with regard to a petition for post-conviction relief that was filed in the underlying case of State v. Delgado, Cuyahoga County Court of Common Pleas Case No. CR-354240. The respondent has filed a motion for summary judgment. Attached to the motion for summary judgment is a copy of the respondent's findings of fact and conclusions of law as journalized on July 12, 1999; thus, the relator's request for a writ of mandamus/prohibition is moot. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278. Accordingly, the respondent's motion for summary judgment is granted. Costs to respondent. Writ denied. ANN DYKE, J., CONCURS JAMES M. PORTER ADMINISTRATIVE JUDGE .