COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 76891 ROBERT PINKAVA : : PETITION FOR WRIT OF Relator : : MANDAMUS vs. : : MERIDIA EUCLID HOSPITAL : JOURNAL ENTRY : AND OPINION : Respondent : MOTION NO. 11076 DATE OF JOURNALIZATION: NOVEMBER 4, 1999 JUDGMENT: WRIT DENIED. APPEARANCES: For relator: ROBERT L. PINKAVA, Pro Se Inmate No. A155-820 P. O. Box 511 Columbus, Ohio 43216 For respondent: MERIDIA EUCLID HOSPITAL Legal Department 18901 Lakeshore Blvd. Cleveland, Ohio 44119 -2- PATRICIA ANN BLACKMON, J.: Relator, Robert L. Pinkava, seeks a writ of mandamus in order to compel the respondent, Meridia Euclid Hospital, to produce copies of medical records which are related to the underlying case of State v. Pinkava, Cuyahoga County Court of Common Pleas Case No. CR-44237. For the following reasons, we decline to issue a writ of mandamus. The relator, in his complaint for a writ of mandamus, states that: On September 4, 1996, and two other occasions Relator wrotethe Respondent under the Freedom of Information Act, O.R.C. 149.43 (sic) and U.S.C. 552 (sic), requesting copies of the forementioned (sic) records, but never received the courtesy of a reply to any correspondence. It is known to the Relator that these records are available on Micro-Film (sic). (Emphasis added) The Supreme Court of Ohio has held that under R.C. 149.43, a custodian of public records possesses no duty to make copies of records available by mail. State ex rel. Iacovone v. Kaminski (1998), 81 Ohio St.3d 189; State ex rel. Cheren v. Chief of Police, Akron Municipal Police Dept. (1993), 67 Ohio St.3d 461; State ex rel. Fenley v. Ohio Historical Society (1992), 64 Ohio St.3d 509; State ex rel. Nelson v. Tubbs Jones (1993), 67 Ohio St.3d 438. Assuming that the hospital records requested by the relator are indeed public records, the respondent possesses no duty to transmit copies of such records to the relator by mail. See, also, State ex rel. Mayes v, Holman (1996), 76 Ohio St.3d 147. -3- Finally, a defendant in a criminal case who has exhausted the direct appeals of his or her original conviction may not use R.C. 149.43 in an attempt to obtain public records which will be used to support post-conviction relief. State ex rel. Steckman v. Jackson (1994), 70 Ohio St.3d 420. Accordingly, the relator's request for a writ of mandamus is denied. Costs to relator. Writ denied. ANN DYKE, P.J. and JOHN T. PATTON, J., CONCUR. .