COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83375
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
DANA M. RANTA                :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE BRIDGET M. McCAFFERTY  :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           JANUARY 7, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied
                                  Order No. 355443
                                  Motion No. 352724
 
 
 
APPEARANCES:
 
For Relator:                      DANA M. RANTA
                                  Inmate No. A399-741
                                  Lake Erie Correctional Inst.
                                  P.O. Box 8000
                                  Conneaut, Ohio 44030-8000
 
 
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  BY: SHERRY F. McCREARY, ESQ.
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
TIMOTHY E. McMONAGLE, J.:
 
     Relator requests that this court compel respondent judge to
 
issue findings of fact and conclusions of law with respect to the
 
petition for delayed postconviction relief filed by relator in
 
State v. Ranta, Cuyahoga County Court of Common Pleas Case Nos. CR-
 
401452, 401453, 401627, 401916, 401709 and 402729 on April 15,
 
2003.
 
     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 and received for filing by the clerk on
 
September 23, 2003. 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. 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.
 
 
                                     TIMOTHY E. McMONAGLE
                                              JUDGE
 
KENNETH A. ROCCO, A.J., CONCURS
 
DIANE KARPINSKI, J., CONCURS
 
.