COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75891
STATE OF OHIO, ex rel.        :
SELL JEFFERSON                :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 4340
                              :
TIMOTHY E. McMONAGLE, JUDGE   :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    MARCH 18, 1999
APPEARANCES:
For relator       :           SELL JEFFERSON, pro se
                              Allen Correctional Institution
                              Post Office Box 4501
                              Lima, Ohio  45802
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              SHERRY F. McCREARY, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES M. PORTER, A.J.
     Relator, Sell Jefferson, has filed a complaint for a writ of
mandamus that requires the respondent, Judge Timothy E. McMonagle,
to  hold a hearing to determine what relator's parole eligibility
would be.   The respondent has filed a motion to dismiss.
     In order  for this court  to issue a  writ of mandamus,  the
relator must  establish that:  1)  the relator possesses a  clear
legal right to the relief requested; 2) the respondent possesses a
clear legal duty to perform the requested act; and 3) the relator
possesses no  plain and adequate  remedy at law.   State ex  rel.
Carter v. Wilkinson (1994), 70 Ohio St.3d 65.  Herein, the relator
has failed  to establish  that he possesses  a clear  right to  a
hearing.  In addition, the realtor has failed to established that
the respondent possesses a  clear duty to conduct a hearing  with
regard to parole eligibility.  State ex rel. Westchester Estates,
Inc. v. Bacon (1980), 37 Ohio St.2d 42.
     Accordingly, we grant  the respondent's  motion to  dismiss.
Costs to relator.
     Writ dismissed.
ANN DYKE, J., CONCURS
.