COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO.  73387
STATE OF OHIO, ex rel.        :
ROBERT G. GIRTS               :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 89904
                              :
HONORABLE RONALD SUSTER       :    JOURNAL ENTRY AND OPINION
JUDGE OF THE CUYAHOGA COUNTY  :
COURT OF COMMON PLEAS         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 24, 1997
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           ROBERT G. GIRTS, pro se
                              #274-569
                              Trumbull Correctional Institution
                              Post Office Box 901
                              Leavittsburg, Ohio  44430
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 requests that this court compel respondent judge  to
rule on the petition for postconviction relief filed by relator in
State v. Girts, Cuyahoga County Court of Common Pleas Case No. CR-
293317, on January 18, 1996.
     The docket in Case No. CR-293317 does not, however,  reflect
the filing  of a petition for  postconviction relief on or  about
January 18, 1996.  As a consequence, relator cannot demonstrate a
clear legal duty on  the part of respondent  to act.  See,  e.g.,
State ex  rel. Hunt  v. Court of  Common Pleas  (Apr. 24,  1997),
Cuyahoga App. No. 72021, unreported.
     Accordingly, we dismiss relator's complaint in mandamus  sua
sponte.  Relator to pay costs.
     Writ dismissed.
.