COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78392
STATE OF OHIO ex rel.         :
VICTOR HARTNESS               :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 21182
                              :
DANIEL GAUL, JUDGE            :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    WRIT DENIED.
DATE OF JOURNALIZATION        :    SEPTEMBER 27, 2000
APPEARANCES:
For relator       :           VICTOR HARTNESS, pro se
                              #312-129
                              Trumbull Correctional Institution
                              Post Office Box 901
                              5701 Burnett Road
                              Leavittsburg, Ohio  44430
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              RENO J. ORADINI, JR.
                              Assistant Prosecuting Attorney
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
ANN DYKE, A.J.:
     Victor Hartness, relator,  is seeking a writ of mandamus  to
compel respondents,  Judge  Daniel Gaul  and Gerald  Fuerst,  "to
execute proper service upon him of a judgement (sic) entry rendered
on January 12,  2000, in reference to  State of Ohio -vs-  Victor
Hartness, CR-323-640."   Relator alleges that the clerk of  court
failed to serve  him with  a copy of  the judgment  entry in  his
postconviction proceeding  and that  he has  been prevented  from
filing a  timely appeal.   The state filed  a motion for  summary
judgment1 and, for the reasons that follow, we grant respondent's
motion.
     A writ of mandamus will not be issued when a relator has  or
had an adequate remedy in the ordinary course of law to seek  the
relief sought.   R.C.  2731.05; State  ex rel.  Matheis v.  Russo
(1990), 50 Ohio St.3d 204, 553 N.E.2d 653.  Relator has an adequate
remedy through the use of a Civ.R. 60(B)(5) motion for relief from
judgment to demonstrate his alleged lack of proper service  which
resulted in his inability to  perfect a timely appeal.  State  ex
rel. Smith  v. Fuerst (Feb. 10,  2000), Cuyahoga App. No.  77325,
unreported, affirmed (2000), 89 Ohio St.3d 456, 732 N.E.2d 983; see
State  v.  Fuller  (July 13,  2000),  Cuyahoga  App.  No.  76448,
unreported. Accordingly, respondent's motion for summary judgment
is granted.
     1The state claimed the issue was moot based upon the
exhibits attached to the complaint.  Relator's exhibits, however,
do not demonstrate compliance with Civ.R. 58(B).
                               -3-
     Writ denied. Costs assessed against relator.  Clerk of court
to serve notice upon all parties as provided in Civ.R. 58(B).
TERRENCE O'DONNELL,J. CONCURS
                                        ANN DYKE
                                   ADMINISTRATIVE JUDGE
 
.