COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 76425
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
DEMETRIUS MOORE               :    MANDAMUS
                              :
               Relator        :    MOTION NO. 7430
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
JAMES J. MCDONNELL            :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    JULY 1, 1999
JUDGMENT                 :    WRIT DISMISSED.
APPEARANCES:
For Relator              :    DEMETRIUS MOORE, Pro Se
                              No. A 368-329
                              P. O. Box 8107
                              Mansfield, Ohio 44901
For Respondent           :    JAMES J. MCDONNELL
                              936 Terminal Tower
                              Cleveland, Ohio 44113
                               -2-
JAMES M. PORTER, A.J.:
     Relator avers that respondent attorney has not delivered  to
relator all documents pertaining to State v. Moore, Cuyahoga County
Court  of Common  Pleas  Case No.  CR-369927.   Attached  to  the
complaint are copies of correspondence between the parties in which
relator demands copies of various items and respondent  indicates
that he has provided all materials to relator.  (The correspondence
indicates that  respondent represented  relator in  Case No.  CR-
369927.)
     Relator requests that this court compel respondent to provide
relator copies of unspecified materials.  Respondent has filed an
answer but has not filed a dispositive motion.
     In State ex rel. Edwards v. Turner (Aug. 20, 1998), Cuyahoga
App. No. 74709, unreported, the relator filed an action against the
attorney who had represented relator as well as the investigator of
relator's criminal case to  compel delivery of all  investigative
notes  and files.   The  Edwards court  granted the  respondents'
motions to dismiss and observed:
     Mandamus will not issue to compel a vain act.  State ex
     rel. Strothers v. Turner (1997), 79 Ohio St.3d 272; State
     ex rel. Leach v. Schotten (1995), 73 Ohio St.3d 538.  In
     addition, mandamus  will not lie  to enforce a  private
     right against a private person.  State ex rel. Longacre
     v. Penton Publishing Co. (1997), 77 Ohio St.3d 266; State
     ex rel. Russell  v. Duncan (1992),  64 Ohio St.3d  538;
     State ex rel. Pressley v. Indus. Comm. (1967), 11  Ohio
     St.2d 141.
Id. at 2.
     Likewise, in this action, relator is merely seeking to enforce
a private  right against  a  private person.   Mandamus  is  not,
                               -3-
therefore, appropriate.
     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, we dismiss this action sua sponte.  Relator  to
pay costs.
     Writ dismissed.
ANN DYKE, J., CONCURS.
                              JAMES M. PORTER,
                              ADMINISTRATIVE JUDGE
.