COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85580
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
WALLACE PUGH                 :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
SHIRLEY STRICKLAND SAFFOLD,  :
JUDGE                        :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           MAY 3, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied.
                                  Motion No. 369254
                                  Order No. 369304
 
 
 
APPEARANCES:
 
For Relator:                      WALLACE PUGH, pro se
                                  Inmate No. 358-188
                                  Mansfield Correctional Inst.
                                  P.O. Box 788
                                  1150 North Main Street
                                  Mansfield, Ohio 44901
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: KRISTEN LUSNIA
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
Judge Colleen Conway Cooney:
 
     On November 23, 2004, relator, Wallace Pugh, commenced this
 
mandamus action against respondent Judge Shirley Strickland
 
Saffold to compel her to rule on his petition for postconviction
 
relief filed in State v. Pugh, Cuyahoga County Court of Common
 
Pleas Case Nos. CR-358233 and CR-359898. On December 16, 2004,
 
respondent, through the Cuyahoga County Prosecutor, filed a motion
 
for summary judgment. Thereafter, on January 3, 2005, Pugh filed
 
his opposition to respondent's motion for summary judgment as well
 
as his own motion for summary judgment. For the following
 
reasons, we grant the respondent's motion for summary judgment and
 
deny Pugh's motion. Respondent has provided us with a copy of the
 
court's entry denying Pugh's postconviction petition, as well as
 
a copy of the court 's findings of fact and conclusions of law.
 
Thus, Pugh's petition for a writ of mandamus is moot.    State ex
 
rel. Grant v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163;
 
State ex rel. Jerningham v. Cuyahoga Cty. Court of Common Pleas,
 
74 Ohio St.3d 278, 1996-Ohio-117, 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).
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                              -3-
 
    Writ denied.
 
 
 
                                      COLLEEN CONWAY COONEY
                                        PRESIDING JUDGE
 
SEAN C. GALLAGHER, J., CONCURS
 
ANTHONY O. CALABRESE, JR., J., CONCURS
 
.