COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 71948
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
LAVELLE M. HUMPHREY                :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 81251
     -vs-                          :
                                   :
GERALD E. FUERST,                  :    JOURNAL ENTRY AND OPINION
CLERK OF COURT OF COMMON PLEAS     :
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       MARCH 27, 1997
JUDGMENT:                          DISMISSED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
LAVELLE M. HUMPHREY, Pro Se        STEPHANIE TUBBS JONES,
No. 206-246                          Cuyahoga County Prosecutor
Marion Correctional Institution    CAROL SHOCKLEY, Assistant
P. O. Box 57                         County Prosecutor
Marion, Ohio 43301-0057            Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
PATRICIA A. BLACKMON, P.J.:
Respondent's  motion to dismiss or,  in the alternative, motion for
summary judgment is  granted.   Relator has failed  to support  his
petition  with an  affidavit specifying  the details of  his claim.
Loc.  App.  R. 8(B)(1).   This  omission alone  warrants dismissal.
State ex rel. Key v. Court of Common Pleas (Jan. 9, 1997), Cuyahoga
App. No. 71680,  unreported.  Moreover,  this action is moot  since
respondent advised relator by letter dated  February 4, 1997, as to
the costs of duplication.  The writ of mandamus will not  be issued
to compel  an act already performed.   State ex  rel. Jerningham v.
Cuyahoga Cty. Court of Common Pleas  (1996), 74 Ohio St.3d 278, 658
N.E.2d  723; see  State ex rel.  Richard v.  Wells (1992),  64 Ohio
St.3d 76, 591 N.E.2d 1240.
     Case dismissed.  Costs to relator.
DAVID T. MATIA, J., CONCURS
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