COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                        NOS. 81908, 81945
STATE, EX REL. DARREN HORN    :        ORIGINAL ACTION
                              :
               Relator        :         JOURNAL ENTRY
                              :               and
    vs.                       :             OPINION
                              :
JUDGE EILEEN A. GALLAGHER     :
                              :
               Respondent     :
DATE OF JOURNALIZATION        :    JANUARY 16, 2003
CHARACTER OF PROCEEDING       :    WRIT OF PROCEDENDO
JUDGMENT                      :    Dismissed as Moot.
                                   Motion No. 343253.
                                   Motion No. 343254.
APPEARANCES:
For Relator               :   DARREN HORN, pro se
                              Inmate No. A-369-876
                              Richland Correctional Institution
                              P.O. Box 8107
                              Mansfield, Ohio 44901
For Respondent            :   WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              DIANE SMILANICK
                              Assistant Prosecuting Attorney
                              Justice Center, Ninth Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                                -2-
TERRENCE O'DONNELL, J.:
    On October 16, 2002, the Relator, Darren Horn, commenced this
original action for a Writ of Procedendo to compel Respondent,
Judge Eileen Gallagher, to rule on his motion for jail time credit
in State v. Horn, Cuyahoga County Court of Common Pleas Case No.
CR-369002, which was filed on May 20, 2002.1  On November 13, 2002,
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
copy of the court's docket which indicates that on October 22,
2002, Relator was granted ten (10) days jail time credit thereby
rendering the Relator's request for a Writ of Procedendo moot.
State ex rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d
1163; State ex rel. Jerningham v. Cuyahoga Cty. 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 as the relief sought has been granted.   Respondent to pay
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).
    Application for Writ of Procedendo dismissed as moot.
                                     _____________________________
                                          TERRENCE O'DONNELL
                                                JUDGE
JAMES J. SWEENEY, P.J.  and
DIANE KARPINSKI, J., CONCUR.
    1On November 1, 2002, this court, sua sponte, consolidated
Case Nos. 81908 and 81945 for review.
 
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