COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74076
STATE OF OHIO, ex rel.        :
WALTER HARRIS                 :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 94098
                              :
NANCY RUSSO, JUDGE            :    JOURNAL ENTRY AND OPINION
GERALD E. FUERST, CLERK       :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    MAY 7, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           WALTER HARRIS, pro se
                              #257-517
                              Madison Correctional Institution
                              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
PATRICIA A. BLACKMON,A.J.:
                               -2-
     Relator, Walter Harris, seeks a writ of mandamus in order to
compel the respondents, Judge Nancy Russo and the Clerk of Court of
Cuyahoga County, to deliver, by mail, copies of various documents
that are alleged to  be public records.  Apparently, the  relator
seeks copies of various documents that were introduced during the
course of trial in State v. Howard, Cuyahoga County Court of Common
Pleas Case No. CR-275220.  The respondents have file a motion  to
dismiss, which we grant for the following reasons.
     An initial  review of the complaint  for a writ of  mandamus
discloses that  the relator  fails to  state a  claim for  relief
against respondent-Judge Russo.  Respondent-Judge Russo does  not
possess custody over any records as requested by the relator; thus,
no duty exists on the part of respondent-Judge Russo to provide the
relator with the requested records.  State ex rel. Master v. City
of Cleveland (1996), 75 Ohio St. 3d 23.
     In addition, the  relator has failed  to include within  his
complaint a supporting affidavit that specifies the details of his
claim as required by Loc.App.R. 8(B)(1).  State ex rel. Smith  v.
Court of  Common Pleas (July 3,  1997), Cuyahoga App. No.  72381,
unreported. This defect alone requires dismissal of the relator's
complaint  for a  writ of  mandamus.   State  ex rel.  Wilson  v.
Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077, unreported.
     Further, respondent-Clerkof Courts possesses no legal duty to
mail copies of any records to the relator.  State ex rel. Finley v.
Ohio Historical Society (1992), 64 Ohio St.3d 509; State ex  rel.
Nelson v. Fuerst (1993), 66 Ohio St.3d 47; State ex rel. Cheren v.
                               -3-
Chief of Police, Akron Municipal Police Dept. (1993), 67 Ohio St.3d
461.
     Finally, the  Ohio  Supreme  Court has  established  that  a
criminal defendant in a criminal proceeding may use only Crim.R. 16
to obtain discovery during pending criminal proceedings and that a
defendant who  has exhausted  the  direct appeal  of her  or  his
conviction  may not avail  herself or himself  of R.C. 149.43  to
support  a petition  for postconviction  relief.   State ex  rel.
Steckman v. Jackson (1994), 70 Ohio St.3d 420.
     Accordingly, the respondents' motion to dismiss is  granted.
Relator to bear costs.
     Writ dismissed.
JAMES M. PORTER, J., CONCURS
.