COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 72701
STATE OF OHIO, ex rel.        :
JOHN HOLLIS, JR.              :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 85837
                              :
HONORABLE EILEEN GALLAGHER    :    JOURNAL ENTRY AND OPINION
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    August 21, 1997
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           JOHN HOLLIS, JR. pro se
                              #220-972
                              Mansfield Correctional Institution
                              Post Office Box 788
                              Mansfield, Ohio  44901-0788
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                                2
JAMES D. SWEENEY, C.J.:
     Relator, John Hollis, seeks  a writ of mandamus in order  to
compel the respondent, Judge Eileen Gallagher, to render findings
of fact and conclusions of law with regard to a petition for post-
conviction relief that was filed and denied in the underlying case
of State v. Hollis, Cuyahoga Common Pleas Case No. CR-246721.
     Contrary  to the statements  as made by  the relator in  his
complaint for a writ of mandamus, the respondent has not denied the
petition for post-conviction relief as filed on September 25, 1996.
A  review of  the  docket in  the  underlying case  of  CR-246721
demonstrates that on  January 9, 1997, the respondent denied  the
relator's motion for leave to file an untimely petition for post-
conviction relief.  The relator has failed to establish that  the
respondent possesses a legal  duty to issue findings of fact  and
conclusions of law in conjunction with the denial of a motion for
leave to  file an untimely  petition for post-conviction  relief.
See, generally, State ex  rel. Pressley v. Industrial  Commission
(1967), 11 Ohio St.2d 141; State ex rel. Van Curen v. Adult Parole
Authority (1976), 45 Ohio St.2d 298.
     Accordingly, we dismiss the relator's complaint for a writ of
mandamus since the relator fails to state a claim upon which relief
can be granted.  Costs to relator.
     Writ dismissed.
                                3
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