COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71715
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
LARRY PHELPS                       :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 79456
     -vs-                          :
                                   :
COURT OF COMMON PLEAS              :    JOURNAL ENTRY AND OPINION
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MARCH 6, 1997
JUDGMENT:                          WRIT DENIED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
LARRY PHELPS, Pro Se               STEPHANIE TUBBS JONES,
No. 304-743                          Cuyahoga County Prosecutor
P. O. Box 45699                    L. CHRISTOPHER FREY, Assistant
Lucasville, Ohio 45699-0001          County Prosecutor
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES D. SWEENEY,
 C.J.:
     Relator avers that  he is  the defendant in  State v.  Phelps,
Cuyahoga County Court of Common Pleas  Case No. CR-296956.  Relator
requests that  this court  order respondent  court  to provide  him
copies of the documents  requested in the motion for  production of
documents at state expense which he filed on October 23, 1996.
     Respondent has filed a motion for summary judgment (Motion No.
79456).  Attached to the motion for summary judgment is a copy of a
journal entry received  for filing  on December 31,  1996 in  which
respondent  denied relator's  motion for  production of  documents.
Relator has not opposed the motion.   For the reasons stated below,
we grant the motion for summary judgment.
     "[T]o 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,  unre-
ported."    State ex  rel. Dickey  v.  Celebrezze (Jan.  13, 1997),
Cuyahoga App.  No. 71574, unreported, at 3.   We also note that, by
denying  the  motion for  production  of documents,  respondent has
performed the act which could have  been an appropriate subject for
mandamus.  State ex rel. Cacchio v. Court of Common Pleas (Mar. 13,
1996), Cuyahoga App. No. 70232, unreported.  As a consequence, this
action is moot.
     Furthermore,  relator  failed  to  comply  with Loc.  App.  R.
                               -3-
8(B)(1)  which  requires that  complaints  in original  actions "be
supported by an affidavit from  the plaintiff or relator specifying
the details of the claim."
     Accordingly,  respondent's  motion  for  summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
PATRICIA A. BLACKMON, J., CONCURS
.