COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78981
STATE OF OHIO EX REL.         :
GEORGE KITCHEN,               :
                              :    PETITION FOR WRIT OF
          Relator             :    MANDAMUS
                              :
     -vs-                     :    JOURNAL ENTRY AND OPINION
                              :
JUDGE KATHLEEN ANN SUTULA,    :    (Motion No. 24409)
                              :
          Respondent          :
DATE OF JOURNALIZATION:       FEBRUARY 27, 2001
JUDGMENT:                     WRIT DENIED.
APPEARANCES:
For Relator:                  George Kitchen, Pro Se
                              Cuyahoga County Jail
                              P.O. Box 5600
                              Cleveland, Ohio 44101
For Respondent:               William D. Mason, Esq.
                              Cuyahoga County Prosecutor
                              BY: Diane Smilanick, Esq.
                              Assistant County Prosecutor
                              The Justice Center   8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio 44113
                               -2-
MICHAEL J. CORRIGAN, J.:
     Relator, George Kitchen, has filed a complaint for a writ of
mandamus.   The relator  seeks  an order  from this  court  which
requires the respondent, Judge Kathleen A. Sutula, to issue rulings
with regard to a petition for a writ of habeas corpus and a motion
for production as filed in the underlying case of State v. George
Kitchen, Cuyahoga County Court of Common Pleas Case No. CR-396133.
The respondent has filed a motion for summary judgment.
     Attached to the respondent's motion for summary judgment is a
copy of  a judgment entry, as  journalized on December 21,  2000,
which demonstrates that  the relator entered a voluntary plea  of
guilty to the offenses of taking identity of another (R.C. 2913.49)
and grand theft (R.C. 2913.02) as charged in Case No.  CR-396133.
The relator's plea of guilty in the underlying criminal matter has
rendered his complaint for a writ of mandamus moot.  State ex rel.
Gantt v. Coleman (1983), 6 Ohio St.3d 5; State ex rel. Jerningham
v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278.
     Accordingly, we grant  the respondent's  motion for  summary
judgment. Clerk to serve notice of this judgment to all parties as
provided in Civ.R. 58(B).  Costs to relator.
     Writ denied.
TIMOTHY E. McMONAGLE, P.J., and    ______________________________
                                          MICHAEL J. CORRIGAN
ANNE L. KILBANE, J., CONCUR.                    JUDGE
 
.