COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80301
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT
GREGORY WHITE                 :    OF MANDAMUS
                              :
               RELATOR        :
                              :
          -vs-                :    JOURNAL ENTRY AND OPINION
                              :
THOMAS POKORNY, JUDGE         :
                              :
               RESPONDENT     :
DATE OF JOURNALIZATION:            NOVEMBER 1, 2001
JUDGMENT:                          WRIT DENIED.
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
GREGORY WHITE, PRO SE              WILLIAM D. MASON, ESQ.
No. 407-312                        CUYAHOGA COUNTY PROSECUTOR
RiCI                               BY: DIANE SMILANICK, ESQ.
P.O. Box 8107                      ASST. PROSECUTING ATTORNEY
Mansfield, Ohio 44901              1200 Ontario Street
                                   Courts Tower - Justice Center
                                   Cleveland, Ohio 44113
                               -2-
DYKE, J.:
     On September 28, 2001, the relator, Gregory White, commenced
this mandamus  action  against the  respondent, Judge  Thomas  J.
Pokorny, to  compel him  to transmit  to the  Ohio Department  of
Rehabilitation and Correction a certified record or journal of the
number of days relator was confined prior to conviction in State v.
White, Cuyahoga County Court of Common Pleas Case No.  CR-405176.
On October 16, 2001, the respondent, through the Cuyahoga  County
Prosecutor, filed an answer and a motion for summary judgment.
     Attached to the respondent's motion for summary judgment is a
certified copy of  the court's journal entry dated September  10,
2001, which directs the Department of Rehabilitation and Correction
to give the relator one hundred twenty-five days credit towards his
sentence.  Thus the relator's  request for a writ of mandamus  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.  Relator to bear costs.  It is further ordered that the
clerk shall serve upon all parties notice of this judgment and date
of entry pursuant to Civ.R. 58(B).
     Writ denied.
DIANE KARPINSKI A.J.         AND
                               -3-
MICHAEL J. CORRIGAN, J., CONCUR.
                                          PRESIDING JUDGE
                                              ANN DYKE
 
.