COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85494
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
MICHAEL FOSTER               :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
CLEVELAND MUNICIPAL COURT    :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           JANUARY 14, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied.
                                  Motion No. 366583
                                  Order No. 366778
 
 
 
APPEARANCES:
 
For Relator:                      MICHAEL FOSTER, pro se
                                  Inmate No. 423-695
                                  P.O. Box 57
                                  Marion, Ohio 43301
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
                                            (Continued)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
               -2-
 
(Continued)
 
 
                  SUBODH CHANDRA
                  Director of Law
                  City of Cleveland Law Dept.
                  601 Lakeside Ave., Room 106
                  Cleveland, Ohio 44114
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
KENNETH A. ROCCO, J.:
 
     Michael Foster has filed a complaint for a writ of mandamus.
 
Foster seeks an order from this court which requires the Cleveland
 
Municipal Court to "dismiss cases CRB-26507 and CRB-38236". The
 
Cleveland Municipal Court has filed a motion for summary judgment.
 
     Attached to the motion for summary judgment are copies of the
 
Cleveland Municipal Court docket as kept with regard to Cleveland
 
Municipal Court Criminal Case Nos. CRB-26507 and CRB-38326. The
 
docket entries demonstrate that Foster entered pleas of no contest
 
in both CRB-26507 and CRB-38326, was found guilty by the Cleveland
 
Municipal Court in both cases, and sentenced. Foster's request for
 
a writ of mandamus is thus moot.     State ex rel. Jerningham v.
 
Cuyahoga County Court of Common Pleas, 74 Ohio St.3d 278, 1996-
 
Ohio-117, 658 N.E.2d 723, State ex rel. Gantt v. Coleman (1983), 6
 
Ohio St.3d 5, 450 N.E.2d 1163.
 
     Accordingly we grant the Cleveland Municipal Court's motion
 
for summary judgment. Costs to Foster. In addition, the Clerk of
 
the Eighth District Court of Appeals is ordered to serve notice of
 
this judgment upon all parties as required by Civ.R. 58(B).
 
     Writ denied.
 
 
 
                                         KENNETH A. ROCCO
                                              JUDGE
 
ANN DYKE, P.J., CONCURS
 
DIANE KARPINSKI, J., CONCURS
 
.