COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 86598
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
MARVIN L. FISHER             :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE JOHN SUTULA            :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           AUGUST 5, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Complaint Dismissed.
                                  Motion No. 373539
                                  Order No. 374140
 
 
 
APPEARANCES:
 
For Relator:                      MARVIN L. FISHER, pro se
                                  Inmate No. 450-404
                                  P. O. Box 8107
                                  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 DIANE KARPINSKI:
 
    Marvin L. Fisher has filed a complaint for a writ of mandamus.
 
Fisher seeks an order from this court which requires Judge John
 
Sutula to render a ruling with regard to a "motion for judicial
 
release" that was filed on August 26, 2004, in the underlying
 
action of State v. Fisher, Cuyahoga County Court of Common Pleas
 
Case No. CR-429031. Judge Sutula has filed a motion to dismiss.
 
    Attached to Judge Sutula's motion to dismiss is a copy of a
 
judgment entry, as journalized on July 6, 2005, which demonstrates
 
a ruling has been issued with regard to Fisher's "motion for
 
judicial release." Accordingly, Fisher 's request for a writ of
 
mandamus is moot.   State ex rel. Jerningham v. Cuyahoga County
 
Court of Common Pleas (1996), 74 Ohio St.3d 278, 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 Judge Sutula's motion to dismiss. Costs
 
to Judge Sutula. It is further ordered that the Clerk of the
 
Eighth District Court of Appeals serve notice of this judgment upon
 
all parties as required by Civ.R. 58(B).
 
    Complaint dismissed.
 
 
 
 
                                         DIANE KARPINSKI
                                         PRESIDING JUDGE
 
SEAN C. GALLAGHER, J., CONCURS
 
MARY EILEEN KILBANE, J., CONCURS
 
 
 
.