COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                                NO. 71706 
STATE OF OHIO, EX REL.             :
JAMES SIDNEY                       :                              
:            JOURNAL ENTRY
          RELATOR                  :
                                   :            and
     -vs-                          :
                                   :          OPINION
CUSTODIAN OF PUBLIC RECORDS        :
                                   :
          RESPONDENT               :
                                   :
                                   :
DATE OF ANNOUNCEMENT                                          
OF DECISION:                       FEBRUARY 20, 1997
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS 
JUDGMENT:                          WRIT DISMISSED 
                                   (MOTION #80586)
DATE OF JOURNALIZATION:                                       
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
JAMES SIDNEY, PRO SE               CAROL SHOCKLEY, ESQ.
No. 321-813                        ASSISTANT COUNTY PROSECUTOR
Lima Correctional Inst.            8th Floor - Justice Center
P.O. Box 4571                      1200 Ontario Street
Lima, Ohio  45802                  Cleveland, Ohio  44113
                               - 2 -
                           JOURNAL ENTRY
    Relator, James Sidney,  seeks a  writ of mandamus  in order  to
compel the  respondent,  Gerald  E.  Fuerst, Clerk  of  Courts  for
Cuyahoga County, to  produce copies of unspecified records per R.C.
149.23.  The respondent has filed a motion to dismiss premised upon
the arguments that the  relator's complaint for a writ  of mandamus
is procedurally defective and that the relator's complaint fails to
state a claim upon which relief can be granted.  For  the following
reasons, we grant the respondent's motion to dismiss.
    An initial  review of  the relator's  complaint for  a writ  of
mandamus  clearly  demonstrates  noncompliance with  Loc.  App.  R.
8(B)(1).  AS  mandated by Loc.  App. R. 8(B)(1), "[a]ll  complaints
must contain the specific facts upon  which the claim of illegality
is based  and must be supported by  an affidavit from the plaintiff
or relator specifying the details of the claim.  The failure of the
relator  to  provide the  required  affidavit warrants  dismissal."
State ex  rel. Jerry  Lee Key  v. Court  of Common  Pleas (Jan.  9,
1997), Cuyahoga App. No. 71680, unreported;  State ex rel. Cloud v.
Court of  Common Pleas  (Dec. 2,  1996), Cuyahoga  App. No.  71613,
unreported;  State ex  rel.  Iacovone v.  Fuerst  (Oct. 21,  1996),
Cuyahoga App. No. 71406, unreported.  
    Notwithstanding the aforesaid procedural defect, further review
of the relator's  complaint fails to  disclose that the relator  is
entitled  to  a  writ  of  mandamus.   Herein,  the  relator  seeks
unspecified  documents  and  further demands  that  the  respondent
provide  notice  of   the  cost  of  duplicating   the  unspecified
                               - 3 -
documents.    The  indefiniteness  of  the  relator's  request  for
unspecified documents renders such request incapable of being acted
upon.  State ex rel. Zauderer v. Joseph (1989), 62 Ohio App.3d 752;
R.C. 149.43.  See, also, Mitseff  v. Wheeler (1988), 38 Ohio  St.3d
112.    In addition,  the  respondent  possesses no  legal  duty to
provide the  relator, by  way of mail,  with the  number of  public
records  available  for  inspection or  the  costs  associated with
copying public records.   State ex  rel. Fenley v. Ohio  Historical
Society  (1993),  67 Ohio  St.3d  438;  State ex  rel.  Finnerty v.
Custodian of Public  Records, Strongsville Police Dept.  (1994), 96
Ohio  App.3d 569; State ex rel.  Dussell v. City of Lakewood (Sept.
26, 1994), Cuyahoga App. No. 66742,  unreported.  Thus, the relator
has failed to demonstrate that he  possesses a clear legal right to
the relief prayed  for and has  further failed to demonstrate  that
the  respondent  possesses  a  clear  legal  duty  to  perform  the
requested act.  State ex rel. Ney  v. Niehaus (1987), 33 Ohio St.3d
118.  
    Accordingly,  we  grant  the respondent's  motion  to  dismiss.
Relator's complaint for a  writ of mandamus is dismissed.   Relator
to bear costs.  
DAVID T. MATIA, J.,  and
O'DONNELL, J.,   CONCUR.
.