COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 72925
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
PAUL SMITH                    :    MANDAMUS
                              :
               Relator        :    MOTION NO. 89274
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
GERALD E. FUERST, CLERK       :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 11, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator                   :    PAUL SMITH, Pro Se
                                   No. 333-052
                                   2075 Avon-Belden Road
                                   Grafton, Ohio 44044
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   ERIKA RITT, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
JAMES D. SWEENEY, C.J.:
     Relator requests that this court compel respondent clerk  to
provide copies of the docket and motions in State v. Lee, Cuyahoga
                               -2-
County Court of  Common Pleas Case No.  CR-344957  pursuant to  a
request and payment made by relator on May 8, 1997.
   Respondenthas filed a motion for summary judgment (Motion No.
86502)  attached  to  which is  a  copy  of  correspondence  from
respondent's office indicating that the requested copies were being
sent to relator.  Relator has not opposed the motion.  Respondent
argues that this action in mandamus is, therefore, moot.  We agree.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Respondent to pay costs.
     Writ denied.
.