COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74269
STATE OF OHIO, EX REL. PAUL   :         JOURNAL ENTRY
PORTER                        :
               PETITIONER     :               AND
                              :
          -vs-                :             OPINION
                              :
CLEVELAND DEPARTMENT OF       :
PUBLIC SAFETY                 :
                              :
               RESPONDENT     :
DATE OF ANNOUNCEMENT
OF DECISION:                       APRIL 23, 1998
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
JUDGMENT:                          WRIT DISMISSED
                                   (Motion No. 93493)
DATE OF JOURNALIZATION:
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
PAUL PORTER, PRO SE                SYLVESTER SUMMERS, JR., ESQ.
NO. A208-401                       Law Director
Marion Correctional Inst.          Room 106, City Hall
P.O. Box 57                        601 Lakeside Avenue
Marion, Ohio 43302-0057            Cleveland, Ohio 44114
                               -2-
                          JOURNAL ENTRY
     On April 2,  1998, the relator, Paul Porter, commenced  this
public records mandamus action, pursuant to R.C. 149.43,  against
the respondent, the City of Cleveland's Department of Public Safety
(hereinafter  the City ).  Mr. Porter seeks to compel the City to
prepare, copy, certify and  send him the following records:   the
records of Criminal Case No. Cr-233173, The Fourth District Police
Department,  PRISONERS' PROPERTY  RECEIPT,  AND  ***  The  Fourth
District Police  Departments, POLICE NARCOTIC  FUND BOOK, OF  THE
night of September 28, 1988, between the hours of 6:O'clock p.m.,
and  10:0'clock p.m.     ( Wherefore   clause  of the  complaint;
capitalization and emphasis in the original.)  Mr. Porter has also
applied for an alternative writ.  For the following reasons, this
court denies the application for an alternative writ and dismisses
the above-captioned writ action, sua sponte.
     Mr. Porter is currently in the Marion Correctional Institute.
Throughout his pleadings and attachments, Mr. Porter admits that he
is representing himself and has no one outside of prison to act as
his designee or representative  to aid him in his public  records
requests.  Mr. Porter attached a copy of a letter, dated December
19, 1997, from the City in which it invited him to   designate an
individual to contact this office on your behalf to further explain
your records request.   In the subsequently prepared complaint and
supporting affidavit, Mr. Porter  stated that he is  representing
himself and has no one to act as a designee.
                               -3-
     In State ex rel. Fenley v. Ohio Historical Society (1992), 64
Ohio St.3d 509,  597 N.E.2d 120; State  ex rel. Nelson v.  Fuerst
(1993), 66 Ohio St.3d 47, 607 N.E.2d 836; State ex rel. Nelson v.
Tubbs Jones (1993), 67 Ohio St.3d 438, 619 N.E. 687, cert. denied
(1994), 114 S.Ct. 1402 and State ex rel. Cheren v. Chief of Police,
Akron Municipal Police Department (1993), 67 Ohio St.3d 461,  619
N.E.2d 1024, the Supreme Court of Ohio ruled that under R.C. 149.43
custodians of public records have no duty make copies of  records
available by mail.  Therefore, in order to pursue a public records
claim, a person in prison must have a designee who would physically
go to the location of the records and inspect and/or obtain copies
of the desired  records.  Cf. State  ex rel. Steckman v.  Jackson
(1994), 70 Ohio St.3d 420, 639 N.E.2d 83.
     Because Mr. Porter is in prison and cannot physically go and
inspect the records and because  he does not have a designee,  he
does not state  a public records mandamus  claim.  State ex  rel.
Edwards v. Cleveland Police Department (1996), 116 Ohio App.3d 168,
687  N.E.2d  315;  State ex  rel.  Johnson  v.  Cleveland  Police
Department (Aug. 30, 1996), Cuyahoga App. No. 70274,  unreported;
and State ex rel. Boyd v. Court of Common Pleas of Cuyahoga County
(Dec. 11, 1997), Cuyahoga App. No. 73194, unreported.
     Accordingly, this writ is dismissed.  Costs assessed against
relator.
NAHRA, J.           AND
                               -4-
PATTON, J.,     CONCUR.
                                          PRESIDING JUDGE
                                              ANN DYKE
.