COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 82396
STATE OF OHIO, EX REL.            :
CARL GASTON                       :     JOURNAL ENTRY
                                  :
   Relator                        :           AND
                                  :
     -vs-                         :         OPINION
                                  :
JUDGE KATHLEEN ANN SUTULA         :
COURT OF COMMON PLEAS             :
                                  :
   Respondent                     :
Date of Journalization:           JUNE 6, 2003
Character of Proceeding:          MANDAMUS
Judgment:                         DENIED
Appearances:
For Relator:                      CARL GASTON, Pro Se
                                  Inmate No. 405-831
                                  Lorain Correctional Institution
                                  2075 S. Avon-Belden Road
                                  Grafton, Ohio 44044-9805
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  CHRISANA C. BLANCO, Assistant
                                  Prosecuting Attorney
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
                                -2-
JAMES J. SWEENEY, J.:
     Relator requests that this court compel respondent judge to
dispose of the motion for withdrawal of plea filed by relator in
State v. Gaston, Cuyahoga County Court of Common Pleas Case No. CR-
401570 on September 13, 2002.
     Respondent has filed a motion for summary judgment attached to
which is a copy of a journal entry issued by respondent and
received for filing by the clerk on February 24, 2003 in which
respondent denied relator's motion for withdrawal of plea. Relator
has not opposed the motion. Respondent argues that this action in
mandamus is, therefore, moot. We agree.
     Accordingly, respondent's motion for summary judgment is
granted. Respondent to pay costs. The clerk is directed to serve
upon the parties notice of this judgment and its date of entry upon
the journal. Civ.R. 58(B).
     Writ denied.
KENNETH A. ROCCO, A.J., and
TIMOTHY E. McMONAGLE, J., CONCUR.
                                        JAMES J. SWEENEY
                                             JUDGE
 
.