COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83202
 
 
STATE OF OHIO, EX REL.       :         ORIGINAL ACTION
JUJUAN NORMAN                :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
ANTHONY CALABRESE, JR.       :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           NOVEMBER 26, 2003
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied.
                                  Motion No. 352683
                                  Order No. 354322
 
APPEARANCES:
 
For Relator:                      JUJUAN NORMAN, PRO SE
                                  Inmate No. 421791
                                  Mansfield Correctional Institution
                                  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-
 
FRANK D. CELEBREZZE, JR., J.:
 
     Relator requests that this court compel respondent judge to
 
issue findings of fact and conclusions of law with respect to the
 
petition for postconviction relief filed by relator in State v.
 
Norman, Cuyahoga County Court of Common Pleas Case No. CR-411588 on
 
September 23, 2002. Respondent is no longer a judge of the court
 
of common pleas.
 
     Respondent has filed a motion for summary judgment attached to
 
which is a copy of the findings of fact and conclusions of law
 
issued by respondent's successor and received for filing by the
 
clerk on September 4, 2003. Relator has not opposed the motion.
 
Respondent argues that the duty of the court of common pleas has
 
been discharged and that relief in mandamus is not appropriate. We
 
agree.
 
     Accordingly, respondent's motion for summary judgment is
 
granted. Relator 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.
 
 
                                     FRANK D. CELEBREZZE, JR.
                                              JUDGE
 
MICHAEL J. CORRIGAN, P.J., CONCURS
 
JAMES J. SWEENEY, J., CONCURS
 
.