COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  81585
S/O EX REL., TIMOTHY W.
    RICHARDS, JR.             :        ORIGINAL ACTION
                              :
                              :
          Relator             :
                              :         JOURNAL ENTRY
          v.                  :              AND
                              :            OPINION
JUDGE NANCY A. FUERST         :
                              :
                              :
          Respondent          :
DATE OF JOURNALIZATION:            OCTOBER 3, 2002
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
JUDGMENT:                          WRIT DENIED.
APPEARANCES:
For Relator:                       For Respondent:
Timothy W. Richards, Jr.           Kristen Lusnia
Inmate No. 395-322                 Assistant Prosecuting Attorney
Belmont Correctional Inst.         The Justice Center
P.O. Box 540                       1200 Ontario Street
St. Clairsville, OH 43950-0540     Cleveland, OH 44113
                               -2-
KENNETH A. ROCCO, P.J.:
     Timothy Richards seeks  a writ of  mandamus to compel  Judge
Nancy A. Fuerst to  issue a ruling on  his  motion to  reconsider
defendant's motion to  dismiss pursuant to defendant's  statutory
speedy trial rights under R.C. 2945.71-73" filed in the underlying
action of State v. Richards, Cuyahoga County Court of Common Pleas
Case No. CR-390487.  Judge Fuerst has filed a motion for  summary
judgment.
     Attached to the Judge's motion is a copy of a judgment entry,
journalized on August 19, 2002, which demonstrated she had ruled on
the motion.  The complaint for  a writ of mandamus is thus  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  Fuerst's motion  for  summary
judgment. Costs to Richards.  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.
                                   ______________________________
                                          KENNETH A. ROCCO
                                          PRESIDING JUDGE
ANNE L. KILBANE, J.       CONCURS
COLLEEN CONWAY COONEY, J. CONCURS
 
 
 
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