COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78480
STATE OF OHIO ex rel.         :
MALIK SHABAZZ                 :
                              :    PETITION FOR WRIT OF
     Relator                  :    PROCEDENDO
                              :
     vs.                      :    MOTION NO. 21935
                              :
DANIEL GAUL, JUDGE            :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    OCTOBER 20, 2000
APPEARANCES:
For relator       :           MALIK SHABAZZ a.k.a. GIL JONES,
                                   pro se
                              #270-043
                              Post Office Box 6C58
                              Orient, Ohio  43146
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.:
     On August 25, 2000, the relator, Malik Shabazz, commenced this
procedendo action against the  respondent, Judge Daniel Gaul,  to
compel the judge to rule on a motion for suspension of  sentence,
which he filed on October 1, 1999, in the underlying case State of
Ohio v. Gil Jones (aka Malik Shabazz), Cuyahoga County Common Pleas
Court Case No. CR-276124.  On September 28, 2000, the respondent,
through the Cuyahoga County Prosecutor, moved to dismiss the writ
of  procedendo on  the  grounds of  mootness.   Attached  to  the
dispositive motion was a copy of a certified entry, journalized on
September 19, 2000, in the underlying case in which the respondent
denied  Mr. Shabazz's  motion for  suspension of  sentence.   Mr.
Shabazz did not file a response; thus, the judge has proceeded to
judgment on the outstanding matter, and this writ action is moot.
     Accordingly, this court  grants the  respondent's motion  to
dismiss and dismisses this writ action.  Respondent to pay costs.
     The clerk is directed to serve upon the parties notice of this
judgment and its date of entry upon the journal.  Civ.R. 58(B).
TERRENCE O'DONNELL,J. CONCURS
                                        ANN DYKE
                                   ADMINISTRATIVE JUDGE
 
 
 
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