COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            No. 73444
STATE OF OHIO, EX REL.,       :       PETITION FOR WRIT OF
HARVEY J. MCGOWAN             :             MANDAMUS
                              :
          Petitioner          :         Motion No. 91019
                              :
     vs.                      :         JOURNAL ENTRY
                              :
CUYAHOGA METROPOLITAN HOUSING :              AND
 AUTHORITY                    :
                              :            OPINION
          Respondent          :
                              :
DATE OF ANNOUNCEMENT          :      FEBRUARY 4, 1998
 OF DECISION
                              :
                              :
JUDGMENT                      :    WRIT DENIED
DATE OF JOURNALIZATION        :
APPEARANCES:
For Relator:                       For Respondent:
HARVEY J. McGOWAN, PRO SE          STEPHANIE R. REED, ESQ.
1245 East 135th Street             1441 West 25th Street
East Cleveland, OH 44112-2413      Cleveland, OH 44113
PATTON, J.
     Relator, Harvey J. McGowan, seeks a writ of mandamus in order
to  compel the  respondent,  the  Cuyahoga  Metropolitan  Housing
Authority, to produce for inspection and copying, various documents
                               -2-
that are alleged to be public records pursuant to R.C. 149.43(C).
The respondent has filed a motion for summary judgment which this
court grants for the following reasons.
     The relator, in his complaint for a writ of mandamus, alleges
that a request for the inspection and copying of public records has
been delivered to the  respondent and that such request has  been
denied.   A review  of Exhibit A,  as attached  to the  relator's
complaint for mandamus, clearly establishes that the request  for
the  inspection and copying  of public records  was made by  mail
through a letter. The respondent, however, possesses no legal duty
to send records by mail, to  respond to requests by mail, and  to
inform a requestor by mail of the number of records available  or
the costs of copying the requested records.  State ex rel. Fenley
v. Ohio Historical Soc. (1992), 64 Ohio St.3d 509; State ex  rel.
Nelson v. Tubbs  Jones (1993), 67 Ohio  St.3d 438; State ex  rel.
Finnerty v. Custodian of Records, Strongsville Police Dept. (1994),
96 Ohio App.3d 569; State ex rel Larkins v. Kovacic (May 5, 1993),
Cuyahoga App. No. 64780, unreported.
     In addition, further review of the affidavits attached to the
respondent's motion for summary judgment clearly demonstrates that
the records requested by the relator for inspection and copying are
available but  that the relator has  not appeared to conduct  the
inspection. See affidavits of Stephanie R. Reed and Stanley Murrey
as attached to respondent's motion for summary judgment.  Thus, at
this time, the relator is not  entitled to a writ of mandamus  to
compel an act which has not been refused by the respondent.   Cf.
                               -3-
State ex rel. Fant v. Flaherty (1990), 48 Ohio St. 3d 39; State ex
rel. Scanlon v. Deters (1989),  45 Ohio St.3d 376; State ex  rel.
Fant v. Sykes (1987), 29 Ohio St.3d 18.
     Accordingly, we find  that there exists no genuine issue  of
material fact and further find that the respondent is entitled to
summary  judgment as a  matter of law.   Respondent's motion  for
summary judgment is granted.  Costs to relator.
     Writ denied.
JAMES M. PORTER, P.J.
ANN DYKE, J.,     CONCUR.
.