COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 77186 STATE OF OHIO ex rel. : JAMES A. GLOECKNER : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 13591 : BRIAN CORRIGAN, JUDGE : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : DISMISSED. DATE OF JOURNALIZATION : JANUARY 20, 2000 APPEARANCES: For relator : JAMES A. GLOECKNER, pro se #244-942 Grafton Correctional Camp 1800 S. Avon-Belden Road Grafton, Ohio 44044 For respondent : WILLIAM D. MASON Cuyahoga County Prosecutor RANDI MARIE OSTRY, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- ANN DYKE, A.J.: James A. Gloeckner, relator, is seeking a writ of mandamus to compel respondent, Judge Brian Corrigan, to issue a ruling on a Motion to Withdraw Guilty Plea "filed in the Cuyahoga County Common Pleas Court." Respondent moved for summary judgment based on mootness and attached a file-stamped, certified copy of a journal entry wherein respondent denied a Motion to Withdraw Guilty Plea on November 8, 1999, in State v. Gloeckner, C.P. Case No. CR-273225. Relator has not opposed respondent's motion. This action is thus 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. Case dismissed. Costs to respondent. TERRENCE O'DONNELL,J. CONCURS ANN DYKE ADMINISTRATIVE JUDGE .