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            COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 76806
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
WILLIAM EWELL                 :    MANDAMUS
                              :
               Relator        :    MOTION NO. 10546
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
JUDITH KILBANE-KOCH           :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    OCTOBER 14, 1999
JUDGMENT                 :    WRIT DENIED.
APPEARANCES:
For Relator              :    WILLIAM EWELL, Pro Se
                              No. 359-508
                              Allen Correctional Institution
                              P. O. Box 4571
                              Lima, Ohio 45802
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              L. CHRISTOPHER FREY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
JAMES M. PORTER, A.J.:
     On August 13, 1999, the relator, William Ewell, commenced this
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mandamus action against the respondent, Judge Judith Kilbane-Koch,
to compel the judge to rule on motions to withdraw guilty  pleas,
which Mr. Ewell filed on  May 18, 1999, in the underlying  cases,
State of Ohio v. William Ewell, Cuyahoga County Common Pleas Court
Case Nos. CR-348080 and 348081.  On September 10, 1999, the judge,
through the Cuyahoga County Prosecutor, moved for summary judgment
on the grounds of mootness.  Attached to this dispositive  motion
were copies of certified, signed and file-stamped journal entries,
denying the motions to withdraw guilty pleas; a four page opinion
under both case numbers provided findings of fact and conclusions
of law for denying the motions.  Mr. Ewell never responded to the
judge's motion. The attachments establish that the judge fulfilled
her duty  and that Mr. Ewell  has received his requested  relief,
rulings on his motions.
     Accordingly, this court grants the judge's motion for summary
judgment and denies the  application for a writ.  Costs  assessed
against relator.
ANN DYKE, J., CONCURS.
.