COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           NO. 77228
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
KERMIT B. HARRIS              :    MANDAMUS
                              :
               Relator        :    MOTION NO. 14323
                              :
          vs.                 :    JOURNAL ENTRY AND OPINION
                              :
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
               Respondent     :
                              :
DATE OF JOURNALIZATION   :    FEBRUARY 17, 2000
JUDGMENT                 :    WRIT DISMISSED.
APPEARANCES:
For Relator              :    KERMIT B. HARRIS, Pro Se
                              No. 344-720
                              S.O.C.F.
                              P. O. Box 45699
                              Lucasville, Ohio 45699
For Respondent           :    WILLIAM D. MASON,
                                Cuyahoga County Prosecutor
                              RENO ORADINI, JR., Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio 44113
ANN DYKE, A.J.:
     Relator requests that this court compel respondent, the court
of  common  pleas, to  rule  on  his motion  for  preparation  of
                               -2-
transcript at state  expense filed in  State v. Harris,  Cuyahoga
County Court  of Common Pleas Case  No. CR-347459.  Relator  also
asserts that he has a right to a copy of the transcript.
     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.
     Relator acknowledges that this court affirmed his conviction
in State  v. Harris  (Mar.  4, 1999),  Cuyahoga App.  No.  73921,
unreported. The record in that appeal included a transcript which
the court of common  pleas ordered be provided at state  expense.
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
the details of the claim.
     Accordingly, we dismiss this action sua sponte.  Relator  to
pay costs.
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     Writ dismissed.
TERRENCE O'DONNELL, J., CONCURS.
                              ANN DYKE, ADMINISTRATIVE JUDGE
.