COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 86077
 
 
STATE OH OHIO, EX REL.,      :         ORIGINAL ACTION
DERIK HORTON                 :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JOSE A. VILLANUEVA, JUDGE    :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           MAY 10, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Complaint Dismissed.
                                  Motion No. 370582
                                  Order No. 370957
 
 
 
APPEARANCES:
 
For Relator:                      DERIK HORTON, pro se
                                  Inmate No. 359-151
                                  Mansfield Correctional Inst.
                                  P.O. Box 788
                                  Mansfield, Ohio 44901
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: T. ALLAN REGAS
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
JUDGE KENNETH A. ROCCO:
 
     Derik Horton has filed a complaint for a writ of mandamus.
 
Horton seeks an order from this court which requires Judge Jose A.
 
Villanueva to render a ruling with regard to a "motion to re-align
 
sentence pursuant to State v. Comer" as filed in the underlying
 
criminal actions of  State v. Horton, Cuyahoga County Court of
 
Common Pleas Case Nos. CR-364127 and CR-362588. Judge Villanueva
 
has filed a motion to dismiss.
 
     Attached to Judge Villanueva's motion to dismiss is a copy of
 
a judgment entry, as journalized on April 8, 2005, which
 
demonstrates that a ruling has been rendered with regard to
 
Horton's "motion to re-align sentence pursuant to State v. Comer".
 
Horton's request for a writ of mandamus is thus moot.     State ex
 
rel. Konoff v. Shafer, 80 Ohio St.3d 294, 1997-Ohio-119, 685 N.E.2d
 
1248; Martin v. Judges of the Lucas Cty. Court of Common Pleas
 
(1990), 50 Ohio St.3d 71, 532 N.E.2d 906.
 
     Accordingly, we grant Judge Villanueva's motion to dismiss.
 
Costs to Judge Villanueva. It is further ordered that the Clerk of
 
the Eighth District Court of Appeals shall serve notice of this
 
judgment upon all parties as required by Civ.R. 58(B).
 
     Dismissed.
 
 
 
                                         KENNETH A. ROCCO
                                              JUDGE
 
FRANK D. CELEBREZZE, JR., J., CONCURS
 
ANN DYKE, P.J., CONCURS
 
 
 
.