COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 75515
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
DAVID R. OWENS                :    PROHIBITION
                              :
               Relator        :    MOTION NO. 3483
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
TIMOTHY MCCORMICK, JUDGE      :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    FEBRUARY 18, 1999
JUDGMENT                 :    WRIT DENIED.
APPEARANCES:
For Relator              :    DAVID R. OWENS, Pro Se
                              No. 303-173
                              Mansfield Correctional Institution
                              P. O. Box 788
                              Marion, Ohio 44901
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              GAIL D. BAKER, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
JAMES M. PORTER, A.J.:
     Relator requests that this court compel respondent judge  to
                               -2-
rule on the request for transcripts filed by relator in State  v.
Owens, Cuyahoga County Court of Common Pleas Case No.  CR-313283.
Although relator characterizes this action as one in prohibition,
the nature of the relief requested is actually more appropriate for
procedendo. Compare State ex rel. Watkins v. Eighth Dist. Court of
Appeals (1998),  82  Ohio St.3d  532,  534-535, 696  N.E.2d  1079
(request to compel disposition of appeal filed as a complaint  in
mandamus  but is  more  appropriately  treated as  an  action  in
procedendo).
     Respondent has  filed a motion  to dismiss  and for  summary
judgment (Motion No. 1572) attached to which is a copy of a journal
entry issued by respondent and received for filing by the clerk on
October 23, 1998 in which respondent denied relator's motion  for
production of transcripts.   Relator has not opposed the  motion.
Respondent argues that this action in mandamus is, therefore, moot.
We agree.
     Furthermore,  relator  failed  to  comply  with   Loc.App.R.
45(B)(1)(a) which requires that complaints in original actions  be
supported by an affidavit from the plaintiff or relator specifying
the details of the claim.
     Accordingly, respondent's motion to dismiss and for  summary
judgment is granted.  Relator to pay costs.
     Writ denied.
ANN DYKE, J., CONCURS.
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.