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            COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 76556
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
MANAL AZIZ                    :    MANDAMUS
                              :
               Relator        :    MOTION NO. 8952
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
ANTHONY O. CALABRESE, JR.,    :
     JUDGE                    :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    AUGUST 19, 1999
JUDGMENT                 :    WRIT DENIED.
APPEARANCES:
For Relator              :    MANAL AZIZ, Pro Se
                              No. A259-742
                              P. O. Box 788
                              Mansfield, Ohio 44901-0788
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              GREGORY B. ROWINSKI, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
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JAMES M. PORTER, A.J.:
     Relator  avers that he  is the defendant  in State v.  Aziz,
Cuyahoga County Court of Common Pleas Case No. CR-283780, which has
been assigned to respondent.   Relator complains that he did  not
timely receive copies of orders denying his motion to vacate void
sentence, void judgment and schedule sentencing hearing ( motion to
vacate void sentence, etc. ) as well as his motion for relief from
judgment.  Relator requests that this court compel respondent  to
vacate and re-enter judgment.
     Respondent has filed a motion to dismiss attached to which are
copies of the docket  and various filings in Case No.  CR-283780.
Sua sponte,  we convert  the motion to  dismiss to  a motion  for
summary judgment because the motion presents matters outside  the
pleading.  See Civ. R. 12(B), 56; State ex rel. Jackson v. Fuerst
(Feb. 25, 1999), Cuyahoga App. No. 75646, unreported.  Attached to
respondent's motion  are  copies  of entries  disposing  of  both
relator's motion to vacate void sentence, etc. and his motion for
relief from judgment.  Relator has not responded to  respondent's
motion.
     Respondent argues that relator has not satisfied the criteria
for relief in mandamus.  We agree.
     Relator has not set established that respondent has a duty to
perform the act requested  by relator.  Relator has not  provided
this court with any authority indicating that the purported failure
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of service  of the orders in Case No. CR-283780 is a breach of  a
duty by respondent.
     We also note that  relator has commenced an appeal from  the
denial of his motion to vacate void sentence, etc.  State v. Aziz,
Case No.  76681.  This  court, in the  exercise of its  appellate
jurisdiction,will be able to determine whether relator is able to
prosecute his appeal from the denial of his motion to vacate void
sentence,  etc.    Relief   in  mandamus  would,  therefore,   be
inappropriate.
     We also  note that  relator has failed  to comply with  this
court's order dated  June 30, 1999  denying indigency status  and
compelling him to deposit security for costs.  As indicated in that
entry, his failure to comply is a sufficient basis for dismissal of
this action.
     Accordingly, respondent's motion to dismiss--which has  been
converted to a motion for summary judgment--is granted.  Relator to
pay costs.
     Writ denied.
ANN DYKE, J., CONCURS.
                              JAMES M. PORTER,
                              ADMINISTRATIVE JUDGE
.