COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 75721
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
MARK TRAWICK                  :    MANDAMUS
                              :
               Relator        :    MOTION NO. 5312
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
GERALD E. FUERST,             :
CLERK OF COURTS               :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    APRIL 15, 1999
JUDGMENT                 :    WRIT DENIED.
APPEARANCES:
For Relator              :    MARK TRAWICK, Pro Se
                              No. 280-783
                              Ohio State Penitentiary
                              878 Coitsville-Hubbard Road
                              Youngstown, Ohio 44505
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              CAROL SHOCKLEY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
JAMES M. PORTER, A.J.:
     Relator requests that this court compel respondent clerk  to
                               -2-
act in regards to  the previously filed Motion that was  recieved
[sic] by Cuyahoga  Clerks office, for filing  on the 26th day  of
June, 1998,  requesting  any and  all Motions,  transcripts,  and
proceedings filed  in [State v. Trawick, Cuyahoga County Court of
Common Pleas Case No. CR-288844].  Complaint at 1.
     Respondent  has  filed  a  motion  to  dismiss  or,  in  the
alternative, for summary judgment attached to which is a copy of a
journal entry received for filing by the clerk on July 23, 1998 in
which  the court  of common  pleas granted  relator's motion  for
production of transcripts by indigent defendant.  Also attached to
the motion is a  copy of the docket  in Case No. CR-288844  which
reflects  that  relator never  appealed  and  no  transcript  was
prepared.  Respondent  argues, inter alia, that relator does  not
have a clear legal  right to have respondent clerk compelled  to:
rule  on  the  motion;  provide  relator  with  original  records
maintained by respondent; or mail copies.  Relator has not opposed
the motion to dismiss or, in the alternative, for summary judgment.
     In State ex rel. Iacovone v. Kaminski (1998), 81 Ohio  St.3d
189, 690 N.E.2d 4, the relator commenced an action in mandamus in
the court of appeals and
     sought to compel [the clerk of the court of common pleas]
     to mail  or  otherwise forward  to  him copies  of  the
     indictment, docket statement, journal entry, and  trial
     transcript of his criminal case.  [Relator] alleged that
     these records were  necessary for him  to pursue   post
     appeal and postconviction remedies  ***.
Id.  Likewise, relator in this action
     moves this  Court to  order  that a  true copy  of  the
     petitioner's  trial  transcript  and  relevant  related
     documents necessary for the petitioner to persue  [sic]
                               -3-
     post appeal and postconviction remedies, be supplied to
     the petitioner ***.
Complaint,  at 2.   In Iacovone, the  Supreme Court affirmed  the
dismissal of the  action in mandamus and  held that the clerk  of
courts did not have a  duty to mail copies of indictment,  docket
statement, journal  entry, and trial  transcript to the  relator.
Relator's request for relief in this action is nearly identical to
that in Iacavone.   Likewise, we are  required to reach the  same
result.
     Accordingly,  respondent's motion  to  dismiss  or,  in  the
alternative, for  summary judgment is  granted.   Relator to  pay
costs.
     Writ denied.
ANN DYKE, J., CONCURS.
.