COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 81550
STATE OF OHIO, EX REL.      :
WILLIE LEE JESTER           :
                            :      PETITION FOR WRIT OF
     Relator                :
                            :            MANDAMUS
     vs.                    :
                            :
KATHLEEN ANN SUTULA, JUDGE  :
COURT OF COMMON PLEAS       :
                            :
     Respondent             :
                            :
                            :
JUDGMENT                    :      WRIT DENIED.
                            :
DATE OF JOURNALIZATION      :      OCTOBER 3, 2002
APPEARANCES:
For relator:                       WILLIE LEE JESTER
                                   Inmate No. 180-644
                                   P.O. Box 788
                                   Man.C.I.
                                   Mansfield, Ohio 44901
For respondent:                    WILLIAM D. MASON
                                   Cuyahoga County Prosecutor
                                   L. CHRISTOPHER FREY
                                   Assistant County Prosecutor
                                   The Justice Center, 9th Floor
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
SWEENEY, JAMES D., P.J.:
     Willie Lee Jester, the relator, has filed a complaint for  a
writ of mandamus which requires Judge Kathleen A. Sutula, to issue
findings of fact and conclusions of law with regard to a petition
for post-conviction relief that was filed in the underlying action
of State v. Jester, Cuyahoga County Court of Common Pleas Case No.
CR-184772.  Judge Sutula has filed a motion for summary  judgment
which we grant for the following reasons.
     Attached to Judge Sutula's motion fior summary judgment is a
copy of a judgment entry, as journalized on August 22, 2002, which
demonstrates that Jester's petition for post-conviction relief was
voluntarily dismissed.  Accordingly, Jester's request for findings
of fact and conclusions of law is moot.  State ex rel.  Snider v.
Stapelton (1992), 65 Ohio St.3d 40, 600 N.E.2d 240; State ex rel.
Richard v. Wells (1992), 64 Ohio St.3d 76, 591 N.E.2d 1240.
     Accordingly,  we grant  Judge  Sutula's motion  for  summary
judgment.  Costs to Jester.  It is further ordered that the Clerk
of the Eighth District Court of Appeals, pursuant to Civ.R. 58(B),
                               -3-
shall serve upon all parties notice of this judgment and date  of
entry.
     Writ denied.
MICHAEL J. CORRIGAN, J., and
PATRICIA A. BLACKMON, J., CONCUR.
                                        JAMES D. SWEENEY
                                        PRESIDING JUDGE
 
.