COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 75215
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
EDDIE SMITH                   :    MANDAMUS
                              :
               Relator        :    MOTION NO. 371
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
CLERK OF COURTS OFFICE        :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION        :    NOVEMBER 12, 1998
JUDGMENT                      :    WRIT DISMISSED.
APPEARANCES:
For Relator              :    EDDIE SMITH, Pro Se
                              No. 311-199
                              P. O. Box 788
                              Mansfield, Ohio 44901
For Respondent           :    STEPHANIE TUBBS-JONES
                              Cuyahoga County Prosecutor
                              CATHIE T. CHANCELLOR, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
PATRICIA A. BLACKMON, A.J.:
     Relator is the defendant in State v. Smith, Cuyahoga  County
Court of Common Pleas Case No. CR-319358.  Relator requests  that
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this court compel respondent clerk of courts  to proceed to finial
[sic]  judgment  concerning   relators  [sic]  request  for   the
forementioned TRANSCRIPTS and Other Court Documents.    Complaint
(boldface and capitalization in original).
     Respondent has filed a motion to dismiss (Motion No.  99723)
attached to which is a copy of the docket in Case No. CR-319358.
The docket  in Case No. CR-319358  reflects that the trial  court
ordered the preparation of a transcript at state expense.
     Respondent argues, inter alia, that relator does not aver that
he tendered payment for copies as required by R.C. 149.43.  Relator
has not opposed the motion.
     "Only  courts are  proper parties  respondent in  procedendo
actions. See, e.g., State ex rel. Utley v. Abruzzo (1985), 17 Ohio
St.3d 203, 204, 478 N.E.2d 789.  As a consequence, procedendo does
not lie against respondent clerk."  State ex rel. Hall v.  Fuerst
(Feb.  2, 1994),  Cuyahoga  App.  No. 66647,  unreported.    This
authority alone provides a sufficient basis for dismissal.
     We recognize, however, that relator's request for relief would
more appropriately be treated as an action in mandamus.  Cf. State
ex rel. Watkins v. Eight  Dist. Court of Appeals (1998), 82  Ohio
St.3d 532, 534-535, 696 N.E.2d 1079.  Nevertheless, a clerk of  a
court does  not have a duty to mail copies of records.  State  ex
rel. Iacovone v. Kaminski (1998), 81 Ohio St.3d 189, 690 N.E.2d 4.
Furthermore,  relator--who is  in  prison--has not  identified  a
designee who would undertake inspection and copying of any records
which would  be made available.   Additionally,  relator has  not
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indicated that  he previously directed  a request  for copies  to
respondent clerk.  Absent a prior request for public records  and
refusal, mandamus is not available to compel the release of public
records.   State ex  rel. Hairston  v. Pollutro  (July 2,  1998),
Cuyahoga App. No. 74685, unreported.  Relief in mandamus would not,
therefore, be appropriate.
     Accordingly, respondent's  motion  to  dismiss  is  granted.
Relator to pay costs.
     Writ dismissed.
JAMES M. PORTER, J., CONCURS.
.