COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 77125 STATE OF OHIO ex rel. : TYRONE KIMBROUGH : : PETITION FOR WRIT OF Relator : PROCEDENDO : vs. : MOTION NO. 12695 : JUDGE JOSE VILLANUEVA : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : DECEMBER 23, 1999 APPEARANCES: For relator : TYRONE KIMBROUGH, pro se #355-629 London Correctional Institution Post Office Box 69 London, Ohio 43140-0069 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. Tyrone Kimbrough, relator, is seeking a writ of procedendo against respondent, Judge Jose Villanueva, to compel respondent to issue a ruling on his Motion to Dismiss Indictments. Respondent moved for summary judgment based on mootness and attached a certified copy of a journal entry filed November 22, 1999, in C.P. Case No. CR-352606 wherein respondent denied relator's Motion to Dismiss Indictments. This action is now moot since the relief sought has been performed. Writ denied. Costs to respondent. ANN DYKE, J., CONCURS .