Opinion
No. 77614.
Date of Journalization: April 27, 2000.
PETITION FOR WRIT OF MANDAMUS, MOTION NO. 16447.
For relator: LAMONT ARNOLD, pro se, #304-446, Post Office Box 901, 5701 Burnett Road, Leavittsburg, Ohio 44430-0901.
For respondent: WILLIAM D. MASON, Cuyahoga County Prosecutor, SHERRY F. McCREARY, Assistant Prosecuting Attorney, Justice Center, Courts Tower, 1200 Ontario Street, Cleveland, Ohio 44113.
JOURNAL ENTRY AND OPINION
Relator, Lamont Arnold, seeks a writ of mandamus in order to compel the respondent, Judge Thomas J. Pokorny, to issue findings of fact and conclusions of law with regard to a petition for post-conviction relief that was filed in the underlying case of State v. Arnold, Cuyahoga County Court of Common Pleas Case No. CR-315763. The respondent has filed a motion for summary judgment.
Attached to the respondent's motion for summary judgment is a copy of "findings of fact and conclusions of law" as journalized on April 3, 2000. The relator's request for a writ of mandamus is thus moot. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278.
Accordingly, the respondent's motion for summary judgment is granted. Costs to respondent.
Writ denied.
TERRENCE O'DONNELL, J. CONCURS.
______________________________ ANN DYKE, ADMINISTRATIVE JUDGE