COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83189
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
MIKE JONES                   :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE ANTHONY O. CALABRESE   :
                             :
          Respondent         :
 
DATE OF JOURNALIZATION:           September 30, 2003
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied.
                                  Motion No. 352681.
                                  Lower Case No. CR-411588
                                  Common Pleas Court
 
APPEARANCES:
 
For Relator:                      MIKE JONES, PRO SE
                                  Inmate No. 421-751
                                  Mansfield Correctional Inst.
                                  P.O. Box 788
                                  Mansfield, Ohio 44901
 
 
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  BY: KRISTEN LUSNIA, ESQ.
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
JUDGE MICHAEL J. CORRIGAN:
 
     On July 22, 2003, relator Mike Jones commenced this mandamus
 
action against the respondent, Judge Anthony O Calabrese, Jr., to
 
compel him to issue findings of fact and conclusions of law
 
pertaining to a motion for post conviction relief filed in State v.
 
Jones, Cuyahoga County Court of Common Pleas Case No. CR-411588,
 
which was denied on January 7, 2003. On September 22, 2003, 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
 
copy of the court's findings of fact and conclusions of law. 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. Respondent 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.
 
 
                                       MICHAEL J. CORRIGAN
                                              JUDGE
 
TIMOTHY E. MCMONAGLE, J., CONCURS
 
 
SEAN C. GALLAGHER, J., CONCURS
 
.