COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 77961
STATE OF OHIO ex rel.         :
E'YEN T. CARNAIL, SR.         :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 18558
                              :
TIMOTHY McCORMICK, JUDGE      :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    JULY 6, 2000
APPEARANCES:
For relator       :           E'YEN T. CARNAIL, SR., pro se
                              #378-992
                              Lorain Correctional Institution
                              2075 S. Avon Belden Road
                              Grafton, Ohio  44044
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              RENEE L. SNOW
                              Assistant Prosecuting Attorney
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
ANN DYKE, A.J.:
     E'Yen T. Carnail, Sr., relator, filed a Petition for a Writ of
Mandamus to compel respondent, Judge Timothy McCormick, to  issue
findings of  fact and conclusions  of law for  the denial of  his
petition to  vacate or set  aside sentence in  C.P. Case No.  CR-
372072.   Respondent moved  to dismiss the  petition as moot  and
attached a file-stamped, certified copy of the requested findings,
which were filed on May 15, 2000.  This action is now  moot since
the requested relief has been performed.  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  to
dismiss is granted.
     Case dismissed.  Costs to respondent.
TERRENCE O'DONNELL,J. CONCURS
                                        ANN DYKE
                                   ADMINISTRATIVE JUDGE
 
 
 
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