COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 76107
STATE OF OHIO, ex rel.        :
CALVIN DRAKE                  :
                              :    PETITION FOR WRIT OF
     Relator                  :    HABEAS CORPUS
                              :
     vs.                      :    MOTION NO. 4579
                              :
COURT OF APPEALS, et al       :    JOURNAL ENTRY AND OPINION
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    MARCH 25. 1999
APPEARANCES:
For relator       :           CALVIN DRAKE, pro se
                              #365401
                              Marion Correctional Institution
                              Post Office Box 57
                              Marion, Ohio  43301-0057
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES M. PORTER, A.J.
     Calvin Drake, relator, filed  a "Complaint for Violation  of
Civil Rights Sec. 42-1983, Under Color of State Statute"  seeking
release from  prison by  way of habeas  corpus.   We dismiss  the
complaint sua  sponte because  this court  lacks jurisdiction  to
entertain relator's complaint since the relator is incarcerated at
the Marion Correctional Institution in Marion, Ohio, and is not in
the  custody of  any authority  that is  located within  Cuyahoga
County.   See R.C. 2725.03; Bridges  v. McMackin (1989), 44  Ohio
St.3d 135, 541 N.E.2d 1035; State ex rel. Dixon v. Gold (1991), 76
Ohio App.3d 518, 602 N.E.2d 408.  Accordingly, case is dismissed.
Costs to relator.
ANN DYKE, J., CONCURS
                                     JAMES M. PORTER
                                   ADMINISTRATIVE JUDGE
.