COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 68846
STATE OF OHIO, EX REL.        :
DARIES SHERRILLS              :
                              :
        Relator               :     PETITION FOR WRIT OF 
                              :           MANDAMUS
     -vs-                     : 
                              :
STATE OF OHIO                 :
                              : 
        Respondent            :
                              :
DATE OF ANNOUNCEMENT          :       MAY 12, 1995
  OF DECISION                 :                        
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :                        
APPEARANCES:
For relator:                  For respondent:
DARIES SHERRILLS, PRO SE      DIANE SMILANICK, ESQ.
#206-377                      (#0019987)
Marion Correctional           Assistant Prosecuting Attorney
   Institution                The Justice Center
P.O. Box 57                   1200 Ontario Street
Marion, OH 43302-0057         Cleveland, OH 44113
                               - 2 -
PATTON, J.
     Daries  Sherrills,  relator,  "pursuant  to   the  Freedom  of
Information  Act  and Title  5, U.S.C.  Section  552, 1974  and all
relevant provisions," is seeking  a writ of mandamus to  compel the
clerk of court  to "turn over"  various documents, including  trial
transcripts and  all medical  reports, police  reports and  journal
entries  in Case Nos. 21925, 22350,  46839, 167646, 211474, 211992,
230459 and 051882.   Respondent moved to dismiss the  petition and,
for the following reasons, we grant respondent's motion.
     In order to withstand a Civ. R.  12(B)(6) motion to dismiss, a
relator must allege in the petition "the existence of a legal  duty
by the respondent and the lack of an adequate remedy at law for the
relator  with  sufficient particularity  to  put the  respondent on
notice of the substance of the  claim(s) being asserted against it.
. . ."  State, ex rel.  Boggs v. Springfield Local School Dist. Bd.
of Edn. (1995), 72 Ohio St.3d 94, 95.  It must also appear that the
relator might prove some  set of facts which would  warrant relief.
Id. In this  case, in addition to  the vagueness in the  caption of
the petition concerning the identity of the respondent and the lack
of an affidavit detailing relator's claims as required by Loc. App.
R. 8, relator has failed to meet the above-stated basic substantive
requirements for pleading his claim.
     Relator alleges in his petition the  existence of a legal duty
on the clerk of court, assuming the Cuyahoga County Court of Common
Pleas Clerk  of Court, pursuant  to Section 552  of Title 5  of the
                               - 3 -
United States  Code, Freedom  of Information  Act,  to provide  the
requested information.   That  statute, however,  confers no  legal
duty  on respondent in  any respect.   Title 5, Section  552 of the
United  States  Code,  which  governs  the availability  of  public
information of  governmental agencies,  is applicable  only to  the
specified authorities of the government of  the United States.  See
5  U.S.C.  Sections 551-552.   Since  respondent  is not  a federal
agency as defined in the Act, respondent has no legal duty pursuant
to 5 U.S.C.  Sec. 552 to "turn over" documents.  Even if respondent
were a federal entity  subject to the provisions of the  Freedom of
Information Act, enforcement of  the Act is limited to  the federal
district courts.   5 U.S.C.   Sec. 552(a)(4)(B).  Accordingly,  the
motion  to dismiss of  respondent for failure  to state  a claim is
granted.
     Case dismissed.  Relator to pay costs.
JAMES D. SWEENEY, J.      
JOSEPH NAHRA, J.,  CONCUR.                                       
                                             JOHN T. PATTON
                                             CHIEF JUSTICE
.