COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             NO. 69370 
                                   :
STATE OF OHIO EX REL.              :
 JAMES WALKER                      :
                                   :       JOURNAL ENTRY
          Plaintiff-Relator        :
                                   :            and
     -vs-                          :
                                   :          OPINION
                                   :
HEINEN'S, INC.                     :     MOTION NO. 66448
                                   :
          Defendant-Respondent     :
                                   :
DATE OF ANNOUNCEMENT                    SEPTEMBER 19, 1995     
OF DECISION:
CHARACTER OF PROCEEDING:           PETITION FOR WRIT 
                                   OF MANDAMUS
JUDGMENT:                          DISMISSED.
DATE OF JOURNALIZATION:            __________________________
APPEARANCES:
For Relator:                       For Respondent: 
JAMES WALKER, Pro Se               CHRISTINE C. COVEY, ESQ.
Reg. No. A-273-516                 Duvin, Cahn, & Hutton
Manci Corr. Inst.                  1301 E. 9th Street
P. O. Box 788                      20th Floor Erieview Tower
Mansfield, Ohio  44901             Cleveland, Ohio  44114-1886
                                -2-
PATRICIA ANN BLACKMON, J.: 
     Relator, James Walker, is seeking a writ of mandamus to compel
respondent, Heinen's,  Inc., to  produce records  pursuant to  R.C.
149.43.  Respondent moved  to dismiss the complaint for  failure to
state a claim, see Entry #65719 dated  8/22/95, and for the reasons
that follow, we grant respondent's motion.
     A Civ.R. 12(B)(6)  motion may be  granted if a complaint  does
not allege the existence of a legal duty of 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, and it does not appear that
the relator might prove some set  of facts entitling him or her  to
relief.  State ex rel. Boggs  v. Springfield Local School Dist. Bd.
of  Edn. (1995),  72 Ohio  St.3d  94, 647  N.E.2d 788.    Relief in
mandamus, as well as  in other original actions, is  extraordinary,
State ex rel.  Woodbury v. Spitler (1973),  34 Ohio St.2d 134,  296
N.E.2d 526, and unsupported conclusions in  a complaint will not be
considered admitted  when evaluating  a complaint  and will  not be
sufficient to withstand a motion to dismiss, State  ex rel. Fain v.
Summit Cty. Adult  Probation Dept. (1995),  71 Ohio St.3d 658,  646
N.E.2d 1113.
     Relator herein has failed to allege  the existence of any duty
of the respondent to  produce records pursuant to R.C.  149.43, the
public records statute.  R.C. 149.43  is applicable to records kept
by any "public office."  R.C. 149.43(A)(1).  A "public office," for
purposes of Chapter  149 of the  Revised Code, "includes any  state
                                -3-
agency,  public institution,  political  subdivision, or  any other
organized  body, office, agency, institution, or entity established
by the  laws of  this state  for the  exercise of  any function  of
government."  R.C. 149.011(A).   Relator has alleged no  facts from
which to surmise that respondent is a public office and, therefore,
amenable to the public record laws.  CF. State ex rel. Toledo Blade
Co. v. University of  Toledo Foundation (1992), 65 Ohio  St.3d 258,
602  N.E.2d  1159 (private  nonprofit  corporation subject  to R.C.
149.43).  Consequently,  the petition fails  to state a claim  upon
which relief may be granted.
     Moreover,  relator  has  failed to  support  his  complaint as
required  by Loc.  App.R.  8(B)(1).   This omission  alone warrants
dismissal.   State ex  rel. Horton  v. Flanagan  (Sept. 17,  1992),
Cuyahoga App. No. 64334, unreported.
     Accordingly, respondent's motion to dismiss is granted.
     Case dismissed.  Costs to relator.
SPELLACY, P.J., and
PORTER, J., CONCUR.
                                  PATRICIA ANN BLACKMON
                                          JUDGE
.