COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 77237
STATE OF OHIO ex rel.         :
HENRY HALL                    :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 13764
                              :
GERALD E. FUERST, et al.      :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    JANUARY 27, 2000
APPEARANCES:
For relator       :           HENRY HALL, pro se
                              #303-386
                              Mansfield Correctional Institution
                              Post Office Box 788
                              Mansfield, Ohio  44901
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              SHERRY F. McCREARY
                              Assistant Prosecuting Attorney
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
ANN DYKE, A.J.:
     On November 10, 1999, Henry Hall, relator, filed a  petition
seeking writs of  mandamus to compel respondents, Clerk of  Court
Gerald Fuerst and court reporters Barbara Polimeris and Lisa Hrovat
to forward transcripts of his case, State v. Hall, C.P. Case  No.
CR-319360,  to him  at  the Mansfield  Correctional  Institution.
Respondents have moved to dismiss the petition for failure to state
a claim upon which relief may  be granted.  For the reasons  that
follow, we grant respondents' motion.
     A Civ.R. 12(B)(6) motion  to dismiss for failure to state  a
claim may be granted when it appears beyond doubt from the face of
the petition, presuming the allegations contained therein are true,
that the relator can prove no facts which would warrant the relief
sought.  State ex rel. Bush v. Spurlock (1989), 42 Ohio St.3d 77,
537 N.E.2d 641; O'Brien  v. Univ. Tenants Union, Inc. (1975),  42
Ohio St.2d 242, 327 N.E.2d 753, syllabus.  To withstand a motion to
dismiss, a complaint must contain, with sufficient particularity,
a statement of the clear legal duty of the respondent to  perform
the act requested. Stateex rel. Boggs v. Springfield Local School
Dist. Bd. of Ed. (1995), 72 Ohio St.3d 94, 647 N.E.2d 788.
     Relator alleges in his complaint that the trial court granted
his motion for court transcripts at state expense for appeal  and
postconviction purposes in  August of 1996.  Relator states  that
this order entitles him to receive the documents from respondents.
                               -3-
In State ex rel. Forney v. Fuerst (Sept. 20, 1994), Cuyahoga App.
No. 67343, unreported, this court held that in the absence of  an
averment in a complaint for court transcripts that the respondent
has been ordered to deliver the transcripts to relator, a relator
fails to set forth a clear legal duty on the part of a respondent
to perform the requested act.  Forney, slip op. at 2.  In the case
sub judice, relator has failed to set forth a clear legal duty of
the respondents to forward  court transcripts.  The order of  the
trial court granting  relator's motion for a transcript at  state
expense is not  the equivalent of a  ruling from the trial  court
ordering the  clerk of  court and  court reporters  to forward  a
transcript or transcripts to relator.  Relator has thus failed to
set forth what clear legal duty required respondents to perform the
act requested.
     In addition, relator has failed to support his petition with
an affidavit specifying the  details of his claim as required  in
Loc.App.R. 45(B)(1)(a).  This deficiency alone warrants dismissal.
State ex rel. Dunn v. Corrigan (Nov. 19, 1999), Cuyahoga App. No.
77027, unreported.
     Accordingly, respondents' motion to dismiss is granted.
     Case dismissed.  Costs to relator.
TERRENCE O'DONNELL,J. CONCURS
                               -4-
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