COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 76314
STATE OF OHIO ex rel.         :
RANDY LEWIS                   :
                              :    PETITION FOR WRIT OF
     Relator                  :    HABEAS CORPUS
                              :
     vs.                      :    MOTION NO. 7268
                              :
JOHN D. MORGAN, Warden, et al :    JOURNAL ENTRY AND OPINION
                              :
     Respondents              :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    JUNE 17, 1999
APPEARANCES:
For relator       :           RANDY LEWIS, pro se
                              #137-610
                              North Central Correctional Inst.
                              Post Office Box 1812
                              Marion, Ohio  43302-1812
For respondent    :           BETTY D. MONTGOMERY
                              Ohio Attorney General
                              MARK J. ZEMBA, Assistant
                              Corrections Litigation Section
                              State Office Building, 12th Floor
                              615 W. Superior Avenue
                              Cleveland, Ohio  44113-1899
                               -2-
JAMES M. PORTER, A.J.
     Relator,  Randy Lewis, has  filed a petition  for a writ  of
habeas corpus.  The relator also seeks a writ of mandamus.
     Respondent, John  D.  Morgan, Warden  of the  North  Central
Correctional  Institution,  has   filed  a  motion  to   dismiss.
Respondent argues that the  petition for a writ of habeas  corpus
should be dismissed because the relator is no longer in custody in
Cuyahoga County. R.C. 2725.03 provides that  *** no court or judge
other  than the  courts or  judges of  the county  in which  such
institution is located  has jurisdiction to issue or determine  a
writ of  habeas corpus  ***."   Since  the relator  is  currently
incarcerated within the  North Central Correctional  Institution,
which is located in Marion County, Ohio, the action for a writ of
habeas corpus cannot be  brought in this court, which is  located
within Cuyahoga County.  Bridges v. McMackin (1989), 44 Ohio St.3d
135; State ex rel. Washington v. Anderson (Apr. 2, 1996), Cuyahoga
App. No. 70368, unreported.
     In addition, the  relator has failed  to establish that  any
named respondent possesses a  clear legal duty to grant a  motion
that was filed in the underlying case of State v. Lewis, Cuyahoga
County Court of Common Pleas  Case No. CR-204783.  State ex  rel.
Westchester Estates, Inc. v. Bacon (1980), 37 Ohio St.2d 42; State
ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65.
     Accordingly, we grant  the respondent's  motion to  dismiss.
Costs to relator.
                               -3-
     Writ dismissed.
ANN DYKE, J., CONCURS
                                     JAMES M. PORTER
                                   ADMINISTRATIVE JUDGE
.