COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73069
STATE OF OHIO, ex rel.        :
WALTER HARRIS                 :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 89782
                              :
NANCY RUSSO, JUDGE            :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 24, 1997
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           WALTER HARRIS, pro se
                              #A257-517
                              Post Office Box 740
                              London, Ohio  43140-0740
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.:
     Relator requests that this court compel respondent judge  to
issue findings of fact and conclusions of law with respect to the
petition for postconviction  relief filed by relator in State  v.
Harris, Cuyahoga County Court of Common Pleas Case No. CR-275220,
on August 13, 1996.
     Respondent has filed a motion for summary judgment (Motion No.
86677), attached to  which is a copy  of this court's opinion  in
State ex rel. Harris v. Russo (July 24, 1997), Cuyahoga App.  No.
72563, unreported, in which this court denied relator's request for
relief in procedendo. In Case No. 72563, respondent filed a motion
for summary judgment, attached to which was a copy of the findings
of fact and conclusions of law issued by respondent and  received
for filing by the clerk on June 17, 1997.  Respondent argues that
Case No. 72563 is res judicata.   Relator argues that he has  not
received the June 17, 1997 findings of fact and conclusions of law.
Relator does not, however, set forth any clear legal duty on  the
part of respondent.
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
.