COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 76773 STATE OF OHIO ex rel. : JERRY MOORE : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 10648 : BRIDGET M. McCAFFERTY, JUDGE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : OCTOBER 28, 1999 APPEARANCES: For relator : JERRY MOORE, pro se #207-625 Allen Correctional Institution Post Office Box 4571 Lima, Ohio 45802 For respondent : WILLIAM D. MASON Cuyahoga County Prosecutor SHERRY F. McCREARY, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES M. PORTER, A.J. Jerry Moore, relator, filed a complaint for a writ of mandamus to compel respondent, Judge Bridget McCafferty, to rule on various motions and/or petitions for postconviction relief filed in C.P. Case No. CR-227207 in January, February and April, 1999. Respondent moved for summary judgment based on mootness, which is unopposed, and attached certified copies of journal entries dated August 20, 1999 denying relator's motion for reconsideration of the denial of postconviction relief and denying relator's motion for an evidentiary hearing. Respondent also submitted a certified copy of findings of fact and conclusions of law that were issued on July 28, 1998. Since the relief requested has been performed, this action is 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 for summary judgment is granted. Writ denied. Costs to relator. ANN DYKE, J., CONCURS .