COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74526
STATE OF OHIO, ex rel.        :
CLIFFORD HAIRSTON             :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 96182
                              :
STEPHANIE TUBBS JONES         :    JOURNAL ENTRY AND OPINION
CUYAHOGA COUNTY PROSECUTOR    :
                              :
     Respondent               :
DATE OF ANNOUNCEMENT
OF DECISION                   :    JULY 9, 1998
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For relator       :           CLIFFORD HAIRSTON, pro se
                              #320-274
                              Madison Correctional Institution
                              Post Office Box 740
                              London, Ohio  43140
For respondent    :           STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              L. CHRISTOPHER FREY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Relator, Clifford Hairston, seeks a writ of mandamus in order
to compel the respondent, Stephanie Tubbs Jones, Cuyahoga  County
Prosecutor, *** to render discovery package in case 325216 such is
specially enjoinded (sic) as a duty upon the respondent by *** Ohio
Revised Code  149.43.    The respondent  has filed  a motion  for
summary judgment,  which  this  Court grants  for  the  following
reasons.
     The relator has failed to provide this Court with 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 complaint for a writ of mandamus.
State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga  App.
No. 70077, unreported.
     Additionally, the relator, through his complaint, must state
with sufficient particularity the legal duty respondent possesses
that requires performance of a requested act.  State ex rel. Boggs
v. Springfield  Local School Dist. Bd.  Of Educ. (1995), 72  Ohio
St.3d  94.   Herein, the  relator commenced  this action  against
Stephanie Tubbs Jones, Cuyahoga County Prosecutor.  The  relator,
however, has failed to  allege with sufficient particularity  any
legal duty  that is  possessed  by the  respondent.   Absent  the
enumeration of a legal  duty as possessed by the respondent,  the
relator's complaint for a writ of mandamus fails to state a claim
                               -3-
upon which relief may be granted.  State ex rel. Crawford v. State
of Ohio (Mar. 7, 1994), Cuyahoga App. No. 66660, unreported.
     Finally, the Supreme  Court of Ohio  has established that  a
defendant in a criminal action may only use Crim.R. 16 to  obtain
discovery during the pendency of a criminal proceeding and that a
defendant who has exhausted the direct appeal process may not avail
himself or  herself of the  remedies available  pursuant to  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 respondent's motion for summary judgment is
granted. In addition, the relator is forewarned that the filing of
frivolous actions shall  result in the  loss of indigency  status
within this court.  See State ex rel. Richard v. Cuyahoga  County
Commissioners (1995), 100 App.3d 592.  Costs to relator.
     Writ denied.
JAMES M. PORTER, J., CONCURS
                                   PATRICIA A. BLACKMON
                                   ADMINISTRATIVE JUDGE
.