COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             NO. 72240
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
AHMAD ABDUR RAHMAAN,               :    MANDAMUS
AKA DANNY WAGNER                   :
                                   :
        Relator                    :
                                   :    MOTION NO. 83879
     -vs-                          :
                                   :
JUDGE PAT KELLY,                   :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS              :
CUYAHOGA COUNTY, OHIO              :
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       JUNE 12, 1997
JUDGMENT:                          DISMISSED.
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
AHMAD ABDUR RAHMAAN,               STEPHANIE TUBBS JONES,
  aka DANNY WAGNER, Pro Se           Cuyahoga County Prosecutor
No. 185-611                        ERIKA RITT, Assistant
P. O. Box 57                         County Prosecutor
Marion, Ohio 43301                 Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                                -2-
JAMES D. SWEENEY, C.J.:
     Relator avers that he was convicted in 1984 of rape of a minor
in State v.  Wagner aka  Rahmaan, Cuyahoga County  Court of  Common
Pleas Case No. CR-194537.   He also avers that he "has  on a number
of occasions  filed  petitions" with  the  court of  common  pleas.
Relator complains that  he has not  had the opportunity to  present
evidence which would  demonstrate his innocence.   Relator requests
that this court issue a writ of mandamus:
     a) allowing him to present evidence;
     b) removing the judge assigned to the underlying matter; and
     c) appointing counsel for him.
     Respondent has filed a motion to dismiss (Motion No. 82572) to
which relator  has responded.   For  the reasons  stated below,  we
dismiss this action.
     "A trial court is not required  to hold an evidentiary hearing
on all post-conviction  relief motions.   State ex rel. Jackson  v.
McMonagle (1993), 67 Ohio St.3d 450."  State v. Thompson (Nov.  21,
1996), Cuyahoga  App. No. 70532,  unreported, at 10.   Furthermore,
Thompson  demonstrates  that  the  propriety  of  a  trial  court's
decision to determine a petition  for postconviction relief without
a  hearing should  be  reviewed on  appeal and  should  not be  the
subject of an action in mandamus.
     Likewise,  mandamus does not  lie to compel  the assignment of
counsel for indigent defendants.  State, ex rel. Kirtz, v. Corrigan
(1991), 61 Ohio St.3d 435, 440, 575 N.E.2d 186.
     Similarly,  "mandamus is not  the proper remedy  to obtain the
                                -3-
recusal of a judge.  R.C. 2701.03 provides the proper procedure for
seeking the disqualification  of a common  pleas judge."  State  ex
rel. Standberry  v. McMonagle (July  20, 1992),  Cuyahoga App.  No.
63697,  unreported [cited  in State  ex rel.  McDaniels  v. Sweeney
(Apr. 18, 1995), Cuyahoga App. No. 68524, unreported].
     As these authorities demonstrate, respondent's argument in its
motion  to dismiss is well-taken.  That  is, the complaint fails to
state a  claim because  relator cannot  demonstrate that  he has  a
clear  legal right to the relief requested or that respondent has a
clear legal duty to act.
     Furthermore,  relator  failed  to  comply  with Loc.  App.  R.
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 to dismiss (Motion No. 82572)
is granted.  Relator to pay costs.
     Writ dismissed.
PATRICIA A. BLACKMON, J., CONCURS
.