COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 76943 STATE OF OHIO ex rel. : ARTHUR L. O'NEAL : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 11814 : JUDGE TIMOTHY McCORMICK : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : DECEMBER 2, 1999 APPEARANCES: For relator : ARTHUR L. O'NEAL, pro se Post Office Box 5600 Cleveland, Ohio 44101 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. Relator, Arthur L. O'Neal, seeks a writ of mandamus in order to compel the respondent, Judge Timothy McCormick, to rule on pretrial motions that were filed in the underlying case of State v. O'Neal, Cuyahoga County Court of Common Pleas Case No. CR-378531. The respondent has filed a motion for summary judgment, which we grant for the following reasons. Attached to the respondent's motion for summary judgment is a copy of a journal entry, as journalized on July 22, 1999, which demonstrates that the relator entered a plea of guilty to the charged offenses of robbery, kidnapping, receiving stolen property, impersonating a police officer or private policeman, possessing criminal tools, and failure to comply with an order or signal of a police officer. The journal entry of July 22, 1999, further indicates that the relator was sentenced to incarceration within the Lorain Correctional Institution for a period of forty-two (42) months. Thus, the relator's request for a writ of mandamus, which requires the respondent to rule on all pending pretrial motions, is moot. Cf. State ex rel. Snider v. Stapleton (1992), 65 Ohio St.3d 40; State ex rel. Richard v. Wells (1992), 64 Ohio St.3d 76. Accordingly, we grant the respondent's motion for summary judgment. Writ denied. -3- ANN DYKE, J., CONCURS JAMES M. PORTER ADMINISTRATIVE JUDGE .