COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
			    NO. 71206
                 GERALD E. FUERST, CLERK OF COURTS 
STATE OF OHIO EX REL. KEVIN        :
JOHNSON,                           :
                                   :    PETITION FOR WRIT OF
                                   :    MANDAMUS   
          Relator                  :
                                   :    CASE NO. 71206   
v.                                 :        
                                   :    MOTION NO. 78417 
COURT OF COMMON PLEAS,             :
                                   :
                                   :
          Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                        :    DECEMBER 2, 1996
JUDGMENT                           :    DISMISSED.
DATE OF JOURNALIZATION             :    _______________________
APPEARANCES: 
For relator:                       Kevin Johnson, Pro Se    
                                   No. 321-397
                                   P.O. Box 57                     
                                   Marion, Ohio  43301-0057        
For respondent:                    Stephanie Tubbs Jones
                                   Cuyahoga County Prosecutor
                                   The Justice Center - 8th Floor
                                   1200 Ontario Street
                                   Cleveland, Ohio  44113     
                                -2-
NAHRA, P.J.:
     Relator  is the defendant in State v. Johnson, Cuyahoga County
Court of Common Pleas Case No.  CR-320126.  Relator avers that,  on
July 10, 1996, he filed a  motion with respondent court "requesting
that his property be returned to him which encluded [sic], (1)  two
(2)  personal  pagers,  (2)  four  hundred and  eighty  ($480.00)."
Complaint.  Relator  requests that this court compel respondent "to
return  his property without  undue delay."   Complaint,  ad damnum
clause.  Respondent has not responded to the complaint.
     A review of the docket in Case No. CR-320126 reflects that the
court of  common  pleas  denied  relator's  motion  for  return  of
property in a  journal entry which was received for  filing on July
25, 1996.  In  State ex rel. Hakeem v. Friedland  (Sept. 24, 1993),
Cuyahoga  App.  No. 65934,  unreported,  relator asserted  that the
respondent  judge  of the  court of  common  pleas had  ordered the
Cleveland Police Department to return to relator cash and the value
of an automobile.   The respondent argued  that:  in light  of R.C.
2731.01, this  court could  not compel  the respondent  to reach  a
particular result with respect to the  motion for writ of execution
filed  in the  court  of common  pleas; and  mandamus  did not  lie
because respondent  had already disposed  of relator's motion.   In
Hakeem,  we granted  the motion to  dismiss filed on  behalf of the
respondent judge.
     Likewise, mandamus does not lie in this case.  Accordingly, we
dismiss relator's complaint sua sponte.  Relator to pay costs.
     Writ dismissed.
PORTER, J., and                                                  
                                          JOSEPH J. NAHRA
McMONAGLE, TIMOTHY E., J., CONCUR.        PRESIDING JUDGE
.