COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 71010
AMY SHAY                      :
                              :
        Relator               :     PETITION FOR WRIT OF MANDAMUS
                              :        
     -vs-                     : 
                              :
THE HONORABLE ROBERT FERRARI  :
                              : 
        Respondent            :
                              :
DATE OF ANNOUNCEMENT          :      SEPTEMBER 17, 1996 
  OF DECISION                 :                        
JUDGMENT                      :    WRIT DISMISSED
DATE OF JOURNALIZATION        :                        
APPEARANCES:
For relator:                       For respondent:
RICHARD E. HACKERD, ESQ.           STEPHANIE TUBBS JONES, ESQ.
1030 Euclid Avenue, Suite 410      Cuyahoga County Prosecutor
Cleveland, OH 44115                The Justice Center, 8th Fl.
                                   1200 Ontario Street
                                   Cleveland, OH 44113
                               - 2 -
PATTON, J.
     Sua sponte, we dismiss this relator's  complaint for a writ of
mandamus since  the complaint  fails to  state a  claim upon  which
relief can be granted.
     The relator  seeks a writ  of mandamus in order  to compel the
respondent to settle or approve a statement of evidence pursuant to
App. R. 9(C).  The Supreme  Court of Ohio, however, has established
that mandamus may not be employed to  force a trial court to settle
or approve  a statement of evidence that is  made per App. R. 9(C).
State ex rel. Johnson v. Hunter  (1992), 64 Ohio St.3d 243;   State
ex rel. Fant  v. Trumbo (1986),  22 Ohio St.3d  207; State ex  rel.
Hull v.  Gaughn (1988),  39 Ohio  St.3d 145.   Thus, the  relator's
complaint fails to state a claim upon which  relief can be granted.
State ex rel. Peeples v. Anderson (1995), 73 Ohio St.3d 559.  
     Accordingly, we dismiss the relator's  complaint for a writ of
mandamus.  Relator to bear costs.
     Writ dismissed.
PORTER, P.J.,            
NAHRA, J.,        CONCUR.          JUDGE JOHN T. PATTON
.