COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 73110
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
JOHN SANDERS                  :    MANDAMUS
                              :
               Relator        :    MOTION NO. 89275
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
JUDGE NORMAN FUERST           :
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                   :    JOHN SANDERS, Pro Se
                                   No. 291-109
                                   P. O. Box 901
                                   Leavittsburg, Ohio 44430
For Respondent                :    STEPHANIE TUBBS-JONES
                                   Cuyahoga County Prosecutor
                                   DANIEL M. MARGOLIS, Assistant
                                   Justice Center, Courts Tower
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
JAMES D. SWEENEY, C.J.:
     Relator requests that this court compel respondent judge  to
dispose of the petition for postconviction relief filed by relator
                               -2-
in State v. Sanders, Cuyahoga County Court of Common Pleas Case No.
CR-305177 on July 24, 1996.
     Respondent has filed a motion for summary judgment (Motion No.
87120) attached to which is a copy of the docket for Case No. CR-
305177.  The docket reflects that relator did not file a petition
for postconviction relief.   Relator has not opposed the  motion.
Respondent argues that respondent has no legal duty to rule on  a
filing  which has not been made.  We agree.  See, e.g., State  ex
rel. Hunt v. Court of Common Pleas (Apr. 24, 1997), Cuyahoga App.
No. 72021, unreported.
     Furthermore, relator  failed  to comply  with Loc.  App.  R.
8(B)(1) which  requires that complaints  in original actions  "be
supported by an affidavit from the plaintiff or relator specifying
the details of the claim."
     Accordingly, respondent's  motion  for summary  judgment  is
granted.  Relator to pay costs.
     Writ denied.
.