COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78553
STATE OF OHIO ex rel.         :
ROSS BELL                     :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 22099
                              :
DANIEL GAUL, JUDGE            :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :    NOVEMBER 3, 2000
APPEARANCES:
For relator       :           ROSS BELL, pro se
                              Grafton Correctional Institution
                              2500 South Avon Belden Road
                              Grafton, Ohio  44044
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              DIANE SMILANICK
                              Assistant Prosecuting Attorney
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
ANN DYKE, A.J.:
     Relator, Ross Bell, seeks  a writ of mandamus/procedendo  in
order to  compel  the respondent,  Judge  Daniel Gaul,  to  issue
findings of fact  and conclusions of law  with regard to a  joint
petition for postconviction relief that was filed in the underlying
cases of State v. Bell, Cuyahoga County Court of Common Pleas Case
Nos. CR-368351 and CR-375061.  The respondent has filed a  motion
for summary judgment.
     Attached to the respondent's motion for summary judgment is a
copy of findings of  fact and conclusions of law, journalized  on
October 17, 2000,  as filed in C.P.  Case Nos. Cr-368351 and  CR-
375061.  This action is  now moot since the requested relief  has
been performed.  In addition, a writ of mandamus/procedendo 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.
     Accordingly, the respondent's motion for summary judgment is
granted.  Clerk  to serve notices to  all parties as provided  in
Civ.R. 58(B).  Costs to respondent.
     Writ denied.
TERRENCE O'DONNELL,J. CONCURS
                                        ANN DYKE
                                   ADMINISTRATIVE JUDGE
 
 
 
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