COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                       COUNTY OF CUYAHOGA 
                            NO. 71574
STATE OF OHIO, EX REL.        :
HAROLD DICKEY                 :
        Relator               :     PETITION FOR WRIT OF 
                              :        MANDAMUS
     -vs-                     : 
                              :
JUDGE FRANK CELEBREZZE, JR.   :
CUY. CTY. COURT OF COM. PLEAS : 
        Respondent            :
                              :
DATE OF ANNOUNCEMENT          :       
  OF DECISION                 :       JANUARY 13, 1997        
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :                        
APPEARANCES:
For relator:                  For respondent:
Harold Dickey                 Stephanie Tubbs Jones
#314-949                      Cuyahoga County Prosecutor
Lima Correctional Institu-    Randi Ostry LeHoty
   tion                       Assistant Prosecuting Attorney
P.O. Box 4571                 The Justice Center
Lima, Ohio  45302             1200 Ontario Street
                              Cleveland, Ohio  44113
                              - 2 -
     Relator avers that  he is  the defendant in  State v.  Dickey,
Cuyahoga Cty. C.P. Case Nos. CR-325453  and 326518.  Relator states
that he filed a motion for court records without cost on August 28,
1996 in which he requested the "Criminal appearance docket, Indict-
ment, Plea Hearing  and Sentencing  Transcript, Jounal [sic]  Entry
and Commitment of Sentence ***" in order to permit him to prepare a
petition for  postconviction  relief.   Complaint,  pars. 2  and  3
(capitalization in  original).   Relator requests  that this  court
compel respondent judge  to provide  relator with  a transcript  of
evidence at public expense.
     Respondent has filed  a motion to dismiss  (Motion No. 78339).
Respondent argues  that relator's complaint fails to  state a claim
upon which relief  can be granted  because neither a direct  appeal
nor a petition for postconviction relief is pending.  We agree.
     In State ex  rel. Reeder  v. Green (Nov.  12, 1992),  Cuyahoga
App. No. 64430, unreported,  the relator averred that he  was indi-
gent and  that he  needed transcripts  to prepare  and prosecute  a
petition for  postconviction relief.   Reeder  requested that  this
court compel the court of common pleas to provide him with  a tran-
script at  state's expense.   After citing  State ex  rel. Murr  v.
Thierry  (1987), 34 Ohio St.3d 45, 517  N.E.2d 226, which held that
an  appeal or postconviction  action must be pending  at the time a
defendant  seeks  a  transcript, we  dismissed  Reeder's  action in
                              - 3 -
mandamus.
     In this action, relator has averred  that he wishes to prepare
a  petition for postconviction relief.   A review  of the docket in
Case Nos. CR-325453 and 326518  reflects, however, that relator has
not filed either a  direct appeal or a petition  for postconviction
relief.  As a consequence, respondent's  motion to dismiss is well-
taken.
     Additionally, to the  extent that  relator is requesting  that
respondent judge provide him with free copies of the transcript and
various court filings, mandamus does not lie.   State ex rel. Jones
v. Court of Common Pleas (July 23, 1992), Cuyahoga App. No.  63585,
unreported.  In any event, by  entries journalized on September 10,
1996, respondent denied relator's motion  for court records without
cost.
     Accordingly, respondent's motion to dismiss (Motion No. 78339)
is granted.  Relator to pay costs.
     Writ dismissed.
PATRICIA A. BLACKMON, JUDGE, CONCURS
.