COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 77298
STATE OF OHIO ex rel.         :
ERIC PETERSON                 :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 16056
                              :
FRANK CELEBREZZE, JUDGE       :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :    APRIL 20, 2000
APPEARANCES:
For relator       :           ERIC PETERSON, pro se
                              #A340-353
                              Post Office Box 788
                              Mansfield Ohio  44901
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              LISA REITZ WILLIAMSON
                              Assistant Prosecuting Attorney
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
ANN DYKE, A.J.:
     On November 23, 1999, the relator, Eric Peterson,  commenced
this  mandamus  action   against  the  respondent,  Judge   Frank
Celebrezze, to compel the judge to rule on a motion to withdraw a
guilty plea that Mr. Peterson had filed on January 15, 1998, in the
underlying case State  of Ohio v. Eric Peterson, Cuyahoga  County
Common Pleas Court Case No. CR-328,490.  Mr. Peterson verified his
complaint.  On December 1, 1999, the respondent moved for summary
judgment because the  complaint lacked  the supporting  affidavit
required by Loc.R. 45(B) and there was an adequate remedy at law by
requesting the  respondent to  rule on  the subject  motion.   On
December 23, 1999, Mr. Peterson filed a  motion for leave to file
affidavit  in support of  petition for mandamus  instanter.    An
attached affidavit specified the details of his claim.  This court
granted Mr. Peterson's motion for leave to file an affidavit  and
denied the respondent's motion for summary judgment.  Mr. Peterson
had  supported  his  complaint with  an  affidavit,  and  he  had
previously  moved the respondent  for a ruling  on his motion  to
withdraw the guilty plea.
     On March 7, 2000, the respondent moved for summary judgment on
the grounds of mootness.  Attached to the summary judgment motion
was an excerpt from the docket of the underlying case showing that
on March 2, 2000, the trial court had denied Mr. Peterson's motion
to withdraw the guilty plea.   Mr. Peterson never filed a brief in
opposition;  thus,  this court  finds  that  the  respondent  has
                               -3-
fulfilled his duty  and Mr. Peterson  has received his  requested
relief, a ruling on the motion to withdraw the guilty plea.  This
matter is moot.
     Accordingly, the respondent's March 7, 2000 motion for summary
judgment is granted, and the application for a writ of mandamus is
denied.  Respondent to pay costs.
TERRENCE O'DONNELL,J. CONCURS
                                        ANN DYKE
                                   ADMINISTRATIVE JUDGE
.