COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 77021
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
LAMONT JONES                  :    MANDAMUS
                              :
               Relator        :    MOTION NO. 11297
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
DANIEL GAUL, JUDGE            :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    JANUARY 27, 2000
JUDGMENT                 :    WRIT DISMISSED.
APPEARANCES:
For Relator              :    LAMONT JONES, Pro Se
                              No. 368-392
                              Lorain Correctional Institute
                              2075 South Avon-Belden Road
                              Grafton, Ohio 44044
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              GAIL D. BAKER, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
ANN DYKE, A.J.:
     Relator requests that this court compel respondent judge  of
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the court of common pleas to  authorize a complete copy at  state
expense of  transcript of court proceedings   in State v.  Jones,
Cuyahoga  County  Court  of  Common  Pleas  Case  No.  CR-365233.
Complaint, par. 1.
     Respondent has  filed an   answer  to petition  for writ  of
mandamus and motion for summary judgment.   Initially, we note that
Civ.R.  7 distinguishes  between  pleadings, e.g.,  answers,  and
motions.   Additionally,  respondent's  counsel  asserts  various
statements of fact which  are not established as evidence in  the
record as required by Civ.R. 56.  As a consequence,  respondent's
motion for summary judgment is denied.
     Nevertheless, we dismiss this action sua sponte.   Only  one
copy of a transcript of a  criminal trial need be provided to  an
indigent criminal defendant.  State ex rel. Murr v. Thierry (1987),
34 Ohio St.3d 45, 45-46, 517 N.E.2d 226, 227.   State ex rel. Call
v. Zimmers (1999), 85 Ohio St.3d 367, 368, 708 N.E.2d 711.
     Attached to the complaint is a copy of a post card from  the
clerk of  this court  to relator.   The post  card reflects  this
court's granting of relator's motion for appointment of counsel and
preparation of transcript at state expense in the direct appeal of
relator's  conviction, State  v.  Jones,  Case No.  76222.    The
transcript has been filed in Case No. 76222.  Relief in  mandamus
is, therefore, not 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
                               -3-
the details of the claim.
     Accordingly, we dismiss this action sua sponte.  Relator  to
pay costs.
     Writ dismissed.
.