COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78369
STATE OF OHIO ex rel.         :
ABDUL SHARIF                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    PROCEDENDO
                              :
     vs.                      :    MOTION NO. 21812
                              :
NANCY R. McDONNELL, JUDGE     :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    OCTOBER 18, 2000
APPEARANCES:
For relator       :           ABDUL SHARIF, pro se
                              #A212-173
                              Post Office Box 1812
                              670 Marion-Williamsport Road, E.
                              Marion, Ohio  43301-1812
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              L. CHRISTOPHER FREY
                              Assistant Prosecuting Attorney
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
ANN DYKE, A.J.:
     Abdul  Sharif, relator,  filed  a  petition for  a  writ  of
procedendo against respondent,  Judge Nancy  McDonnell.   Relator
alleges that respondent has neglected or refused to comply with a
writ of mandamus issued against respondent in State ex rel. Sharif
v. McDonnell (May 25, 2000), Cuyahoga App. No. 77120,  unreported
(hereinafter "Sharif I").  The writ ordered respondent to prepare
findings of fact and  conclusions of law in Cuyahoga County  C.P.
Case  No. CR-238403.   Respondent filed a  motion to dismiss  the
petition or, in the alternative, motion for summary judgment.  For
the following reasons, we grant respondent's motion.
     A writ of procedendo may be issued when a court has refused to
render a  judgment  or has  unnecessarily delayed  proceeding  to
judgment. State ex rel. Crandall, Pheils & Wisniewski v. DeCessna
(1995), 73 Ohio St.3d 180, 652 N.E.2d 742.  Respondent  maintains
that she has not proceeded to render the ordered findings because
this court issued a stay of its judgment requiring her to do  so.
Indeed, on  September 21, 2000,  this court granted  respondent's
motion to stay the execution of judgment in Sharif I pending  the
disposition of respondent's appeal to the Supreme Court of  Ohio.
Sharif I, Motion No. 19803 dated Sept. 21, 2000.  As a consequence,
respondent  is temporarily  relieved  from  issuing  the  ordered
findings of fact and conclusions  of law for the duration of  the
stay.  Procedendo is thus improper.
                               -3-
     Case dismissed.   Costs assessed against relator.  Clerk  of
court is to serve notice  upon all parties as provided in  Civ.R.
58(B).
TERRENCE O'DONNELL,J. CONCURS
                                        ANN DYKE
                                   ADMINISTRATIVE JUDGE
 
 
 
.