COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             NO. 72413
                                   :
                                   :
STATE OF OHIO EX REL.              :    PETITION FOR WRIT OF
CHARLES J. CONWAY                  :    MANDAMUS
                                   :
        Relator                    :
                                   :    MOTION NO. 83010
     -vs-                          :
                                   :
CLEVELAND MUNICIPAL COURT          :    JOURNAL ENTRY AND OPINION
                                   :
        Respondent                 :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       JUNE 5, 1997
JUDGMENT:                          DISMISSED SUA SPONTE
DATE OF JOURNALIZATION:
APPEARANCES:  
For Relator:                       For Respondent:
CHARLES J. CONWAY, Pro Se          SHARON SOBOL JORDAN,
No. 294-701                          Director of Law
M.C.C. Unit 6                      City of Cleveland
P.O. Box 788                       Room 106, City Hall
Mansfield, Ohio 44901              601 Lakeside Avenue
                                   Cleveland, Ohio 44114
                                -2-
JAMES D. SWEENEY, C.J.:
     On  April  25,  1997,  Charles J.  Conway,  relator,  filed  a
document entitled "Original Action in Mandamus Motion for In Camera
Inspection of  Original Requested  Public Records."   An action  in
mandamus, however, may only be instituted by  petition or complaint
in the name of the state on the relation of the person applying for
the writ.  R.C. 2731.04; Loc. App. R. 8.  The complaint must comply
with Civ.  R. 10 and must be supported  by an affidavit pursuant to
Loc. App. R. 8.   State ex rel. Hine v. Court of Common Pleas (Mar.
6, 1997), Cuyahoga App.  No. 72067, unreported.  A  mandamus action
attempted  to be brought by motion  is subject to dismissal.  Myles
v. Wyatt (1991),  62 Ohio St.3d 191, 580 N.E.2d 1080; State ex rel.
Sharif v. Cuyahoga  County Prosecutor (Mar. 6, 1997), Cuyahoga App.
No.  71836,  unreported.   Relator  has  not filed  a  complaint or
petition for  a writ  of mandamus,  but has  filed  only a  motion.
Since a mandamus  action cannot be commenced  with the filing of  a
motion,  relator's motion is overruled and this action is dismissed
sua sponte.  Costs to relator.
PATRICIA A. BLACKMON, J., CONCUR
                              _________________________________
                              JAMES D. SWEENEY, CHIEF JUSTICE
.