COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74260
STATE OF OHIO, ex rel.        :
ABDUL K. SHARIF               :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 94615
                              :
STEPHANIE TUBBS JONES,        :    JOURNAL ENTRY AND OPINION
   PROSECUTOR                 :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    MAY 21, 1998
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           ABDUL K. SHARIF, pro se
                              Post Office Box 1812
                              Marion, Ohio  43301
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              GREGORY B. ROWINSKI, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Abdul Sharif, relator, is seeking a writ of mandamus to compel
the clerk of court to enter a default judgment against respondent,
Cuyahoga County Prosecutor Stephanie Tubbs Jones, for her failure
to respond to relator's motions filed in Cuyahoga County Court of
Common Pleas  Case No. CR-238403.   Respondent filed a motion  to
dismiss for failure to state a claim, which we hereby grant.
     In order to avoid a Civ.R. 12(B)(6) dismissal, a relator must
allege with sufficient particularity what the legal duty is of the
respondent that requires performance of the requested act.  State
ex rel.  Boggs v.  Springfield Local  School Dist.  Bd. of  Educ.
(1995), 72 Ohio St.3d 94, 647 N.E.2d 788; State ex rel. Calloway v.
Court of Common Pleas  (Feb. 27, 1997), Cuyahoga App. No.  71699,
unreported.  Relator commenced  this action against the  Cuyahoga
County Prosecutor, but relator has not alleged any legal duty  of
the  named  respondent,  Stephanie  Tubbs  Jones.    Absent   the
enunciation of a legal duty of respondent, relator's petition for
a writ of mandamus fails to state a claim upon which relief may be
granted.  State ex rel. Crawford v. State of Ohio (Mar. 7, 1994),
Cuyahoga App. No. 66660, unreported.
     Moreover, assuming arguendo  that relator intended to  bring
this action against the clerk of court, relator still has failed to
state a claim since there is no authority of which we are  aware,
                               -3-
and none has been cited, that  permits the clerk of court to  sua
sponte enter a default judgment against anyone.
     Accordingly, case is dismissed.  Relator is hereby forewarned
that the filing  of frivolous actions may  result in the loss  of
one's indigency status in this court.  See State ex rel. Richard v.
Cuyahoga County  Commissioners (1995), 100  Ohio App.3d 592,  654
N.E.2d 443.  Costs to relator.
JAMES M. PORTER, J., CONCURS
                                   PATRICIA A. BLACKMON
                                   ADMINISTRATIVE JUDGE
.