COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79862
STATE OF OHIO, EX REL.             :
ERIC ANITON                        :     JOURNAL ENTRY
                                   :
   Relator                         :           AND
                                   :
     -vs-                          :         OPINION
                                   :
HONORABLE RONALD SUSTER            :
                                   :
   Respondent                      :
Date of Journalization:            AUGUST 28, 2001
Character of Proceeding:           PROCEDENDO
Judgment:                          Dismissed
Appearances:
For Relator:                       ERIC L. ANITON, PRO SE
                                   Inmate No. 204-409
                                   North Central Corr. Institute
                                   P.O. Box 1812
                                   Marion, Ohio 43301-1812
For Respondent:                    WILLIAM D. MASON
                                   Cuyahoga County Prosecutor
                                   DIANE SMILANICK, Assistant
                                   Prosecuting Attorney
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
JAMES J. SWEENEY, J.:
     On June 25, 2001, the relator, Eric L. Aniton, commenced this
procedendo action against the respondent, Judge Ronald Suster, to
                               -2-
compel the judge to issue a ruling with regard to a petition  for
post-conviction relief that was filed in State v. Aniton, Cuyahoga
County Court of  Common Pleas Case No.  CR-226872.  On August  1,
2001, the respondent, through the Cuyahoga County Prosecutor, filed
an answer and a motion to dismiss, or in the alternative, a motion
for summary judgment.
     Attached to the respondent's motion for summary judgment is a
copy of the findings of fact and conclusions of law pertaining to
the petition for the post-conviction relief which was journalized
on August 1,  2001.  Thus,  the relator's request  for a writ  of
procedendo is moot.  State ex rel. Gantt v. Coleman (1983), 6 Ohio
St.3d 5,  450 N.E.2d 1163; State  ex rel. Jerningham v.  Cuyahoga
County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d
723.
     Accordingly, we grant  the respondent's  motion for  summary
judgment.  Respondent to bear costs.  It is further ordered that
                               -3-
the clerk shall serve upon all parties notice of this judgment and
date of entry pursuant to Civ.R. 58(B).
     Writ denied.
MICHAEL J. CORRIGAN, P.J., and
FRANK D. CELEBREZZE, JR., J., CONCUR.
                                      _______________________
                                          JAMES J. SWEENEY
                                               JUDGE
 
.