COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85240
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
JOSHUA MADSEN                :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
HON. PEGGY FOLEY JONES       :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           JANUARY 12, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Dismissed.
                                  Motion No. 363915 and 367148
                                  Order No. 367083
 
 
APPEARANCES:
 
For Relator:                      JOSHUA MADSEN, pro se
                                  Inmate No. 441-488
                                  Mansfield Correctional Inst.
                                  P.O. Box 788
                                  Mansfield, Ohio 44901-0788
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: JON W. OEBKER
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
 
 
Anthony O. Calabrese, Jr., J.:
 
    Relator, Joshua Madsen, requests that this court compel
 
respondent judge to hold a hearing with respect to the petition for
 
postconviction relief filed by relator in State v. Madsen, Cuyahoga
 
County Court of Common Pleas Case No. CR-427735 on September 5,
 
2003.
 
    "Mandamus does not lie to compel a judge to hold a
    hearing on a petition for postconviction relief. State
    ex rel. Jackson v. McMonagle, 67 Ohio St.3d 450, 1993-
    Ohio-143, 619 N.E.2d 1017. As a consequence, we will
    treat this action as a request by [relator] to compel the
    court of common pleas to issue findings of fact and
    conclusions of law with respect to the petition for
    postconviction relief."
 
Moore v. State, Cuyahoga App. No. 82516, 2003-Ohio-3681 at ¶1.
 
Likewise, in this action, we will treat Madsen's complaint as a
 
request to compel the filing of findings of fact and conclusions of
 
law.
 
    A review of the docket in Case No. CR-427735 reflects that
 
respondent issued findings of fact and conclusions of law which
 
were received for filing by the clerk on October 19, 2004.
 
Additionally, Madsen has appealed the judgment of the court of
 
common pleas in State v. Madsen, Case 85439. As a consequence, we
 
dismiss this action sua sponte as moot.
 
    Accordingly, relator's complaint is dismissed sua sponte.
 
Respondent to pay costs. The clerk is directed to serve upon the
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                              -3-
 
parties notice of this judgment and its date of entry upon the
 
journal. Civ.R. 58(B).
 
    Writ dismissed.
 
 
 
                                   ANTHONY O. CALABRESE, JR.
                                             JUDGE
 
 
JAMES J. SWEENEY, P.J., CONCURS
 
MARY EILEEN KILBANE, J., CONCURS
 
.