COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 72705
STATE OF OHIO, ex rel.        :
ABDUL SHARIF                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 85548
                              :
NANCY R. McDONNELL, JUDGE     :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    AUGUST 21, 1997
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           ABDUL SHARIF, pro se
                              #212-173
                              Post Office Box 1812
                              Marion, Ohio  43301
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              RANDI MARIE OSTRY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                                2
JAMES D. SWEENEY, C.J.:
     Abdul Sharif, relator, is seeking a writ of mandamus to compel
respondent, Judge  Nancy McDonnell,  to state  her reason(s)  for
denying his  Motion to  Exhume  the Body  of Crystal  Sharif  for
Autopsy. The prosecutor moved to dismiss the petition for failure
to state a claim. We agree and therefore grant respondent's Motion
to Dismiss.
     In order to avoid a Civ.R. 12(B)(6) dismissal, a relator must
allege with sufficient particularity what the legal duty is of the
respondent that requires performance of the requested act.  State
ex rel.  Boggs v.  Springfield Local  School Dist.  Bd. of  Educ.
(1995), 72 Ohio St.3d 94, 647 N.E.2d 788; State ex rel. Calloway v.
Court of Common Pleas  (Feb. 27, 1997), Cuyahoga App. No.  71699,
unreported. This court cannot create a legal duty; the creation of
a legal duty is a function of the legislature.  Davis v. State ex
rel. Pecsok (1936), 130 Ohio St. 411, 200 N.E. 181, paragraph one
of the syllabus.  So, at a minimum, relator is required to  state
which statute requires respondent  to disclose her reason(s)  for
denying a motion to exhume a body.  Having failed to do so, relator
has failed to state a claim for relief in mandamus.  State ex rel.
Sharif v. Cuyahoga County Prosecutor (Mar. 6, 1997), Cuyahoga  App.
No. 71836, unreported.
     Case dismissed.  Relator to pay costs.
                                3
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