COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78986
S/O Ex Rel. RONALD STRZALA      :
                                :       PETITION FOR WRIT
          Petitioner            :
                                :              OF
     vs.                        :
                                :           MANDAMUS
FRANK D. CELEBREZZE, JUDGE      :
                                :
          Respondent            :
DATE OF JOURNALIZATION:                JANUARY 18, 2001
JUDGMENT:                       DISMISSED.
APPEARANCES:
For Petitioner:                 RONALD Strzala, Pro Se
                                Inmate No. 377-964
                                N.C.C.I.
                                P. O. Box 1812
                                Marion, Ohio 43301-1812
For respondent:                 WILLIAM D. MASON
                                Cuyahoga County Prosecutor
                                9th Floor Justice Center
                                1200 Ontario Street
                                Cleveland, Ohio 44113
                               -2-
PATRICIA ANN BLACKMON, J.,:
     On December 19, 2000, the relator, Ronald Strzala, commenced
this mandamus  action  against  the respondent,  Judge  Frank  D.
Celebrezze, to compel the judge to rule on Mr. Strzala's motion to
withdraw guilty plea which he  filed on October 19, 2000, in  the
underlying case, State of Ohio v. Ronald Strzala, Cuyahoga County
Common Pleas Court Case No. Cr. 379965.  For the following reasons,
this court dismisses the action, sua sponte.
     An  inordinate amount  of time  has not  elapsed to  warrant
mandamus to  compel  a ruling.    Rule of  Superintendence  40(A)
provides that a court shall dispose of a pending motion within one
hundred and twenty days of the filing date.  Thus a complaint  in
mandamus to compel  a ruling on a  motion which has been  pending
approximately eighty days is premature.  State ex rel. Rodgers v.
Cuyahoga County Court of Common Pleas (1992), 83 Ohio App.3d 684,
615 N.E.2d 689 and State ex rel. Byrd v. Fuerst (July 12,  1991),
Cuyahoga App. No. 61985,  unreported.  Moreover, a review of  the
docket indicates  that the respondent  has denied  the motion  to
withdraw the guilty plea.
     Although Mr. Strzala's affidavit of indigency complied  with
R.C. 2969.27(C)(2), it did not comply with subsection (C)(1) which
requires that such affidavits include a  statement that sets forth
the balance in the inmate account  of the inmate for each of  the
preceding six months, as certified by the institutional cashier.
                               -3-
     Accordingly, the court dismisses this writ action, sua sponte.
Relator 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).
ANN DYKE, A.J., and
KENNETH A. ROCCO, J., CONCUR.
                                     PATRICIA ANN BLACKMON
                                             JUDGE
 
 
 
.