COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71940
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
JAMES SIDNEY                       :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 81022
     -vs-                          :
                                   :
STATE OF OHIO,                     :    JOURNAL ENTRY AND OPINION
STEPHANIE TUBBS JONES,             :
CUYAHOGA COUNTY PROSECUTOR         :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MARCH 6, 1997
JUDGMENT:                          DISMISSED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
JAMES SIDNEY, Pro Se               STEPHANIE TUBBS JONES,
No, 321-813                          Cuyahoga County Prosecutor
P. O. Box 45471                    RANDI MARIE OSTRY, Assistant
Lima, Ohio 45802                     County Prosecutor
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
JAMES D. SWEENEY,
 C.J.:
     Relator, James Sidney,  seeks a writ  of mandamus in order  to
compel the respondent, Judge Thomas  Curran, to render findings  of
fact  and conclusions of  law with regard  to a petition  for post-
conviction relief which was allegedly filed  in the underlying case
of  State  v.  Sidney,  Cuyahoga  C.P.  Case No.  CR-330782.    The
respondent has filed a "brief in opposition to petition for writ of
mandamus" which this court shall treat as a motion to dismiss.
     A review of  the docket  in the underlying  case of  CR-330782
fails to disclose that the  relator has filed a petition  for post-
conviction  relief.  Thus, the  respondent possesses no clear legal
duty to  issue findings of fact and  conclusions of law with regard
to a  non-existent petition for  post-conviction relief.   State ex
rel.  Ney  v. Niehaus  (1987),  33 Ohio  St.3d 118;  State  ex rel.
Westchester  Estates,  Inc. v.  Bacon  (1980),  61  Ohio St.2d  42.
Accordingly,  we  dismiss the  relator's  petition  for a  writ  of
mandamus.  Costs to relator.
     Writ dismissed.
PATRICIA A. BLACKMON, J., CONCURS
.