COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 82517
STATE OF OHIO EX REL.,        :
SHELDON ROBINSON,             :
                              :    PETITION FOR WRIT OF
          Relator             :    MANDAMUS
                              :
    -vs-                      :    JOURNAL ENTRY AND OPINION
                              :
CUYAHOGA COUNTY PROSECUTOR'S  :    MOTION NO. 346848
OFFICE,                       :
                              :
          Respondent          :
DATE OF JOURNALIZATION:       MAY 20, 2003
JUDGMENT:                     DISMISSED.
APPEARANCES:
For Relator:                  Sheldon Robinson, Pro Se
                              Inmate No. 82831
                              Cuyahoga County Correction Center
                              P.O. Box 5600
                              Cleveland, Ohio  44101-0600
For Respondent:               William D. Mason, Esq.
                              Cuyahoga County Prosecutor
                              BY: L. Christopher Frey, Esq.
                              Assistant County Prosecutor
                              The Justice Center ­8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
MICHAEL J. CORRIGAN, J.:
     Sheldon Robinson, the relator, has filed a complaint for a
writ of mandamus.  Robinson seeks an order from this court which
requires the Cuyahoga County Prosecutor's Office, the respondent,
to investigate the alleged unlawful conduct of John Mitchell and
Mike Stuart.   Robinson argues that both John Mitchell and Mike
Stuart were involved in an    "unlawful citizen 's arrest "which
culminated in the indictment of Robinson for the offenses of
robbery and possessing criminal tools.      The Cuyahoga County
Prosecutor's Office has filed a motion to dismiss which we grant
for the following reasons.
     The criteria for issuing a writ of mandamus are well-
established:
     "In order to be entitled to a writ of mandamus, relator must
show (1) that he has a clear legal right to the relief prayed or,
(2) that respondents are under a clear legal duty to perform the
acts, and (3) that relator has no plain and adequate remedy in the
ordinary course of the law.   State ex rel. National City Bank v.
Bd. of Education (1977), 52 Ohio St.2d 81, 369 N.E.2d 1200." State
ex rel. Harris v. Rhodes (1978), 54 Ohio St.2d 41, 42, 374 N.E.2d
641.
     In the case sub judice, Robinson has failed to demonstrate
that he possesses a clear legal right to have the conduct of John
Mitchell and Mike Stuart investigated or that the Cuyahoga County
                                -3-
Prosecutor's Office possesses a clear legal duty to investigate the
conduct of John Mitchell and Mike Stuart vis-a-vis the "citizen's
arrest"of Robinson.   In addition, a   prosecuting attorney will not
be compelled to investigate or prosecute a complaint except where
the failure to investigate or prosecute constitutes an abuse of
discretion.  Mootispaw v. Eckstein (1996), 76 Ohio St.3d 383, 667
N.E.2d 1197; State ex rel. Master v. Cleveland (1996), 75 Ohio
St.3d 23, 661 N.E.2d 180.  Robinson has failed to demonstrate that
the Cuyahoga County Prosecutor's Office has abused its discretion
by failing to investigate or prosecute a complaint against John
Mitchell and Mike Stuart.   Ohio Assn. of Pub. School Emp. Chapter
643, AFSCME/AFL-CIO v. Dayton City School Dist. Bd. of Edn. (1991),
59 Ohio St.3d 159, 572 N.E.2d 80.
     Accordingly, the motion to dismiss is granted.    Robinson to
pay costs.  The Clerk of the Eighth District Court of Appeals is
ordered to serve notice of this judgment and its date of entry upon
all parties as required by Civ.R. 58(B).
     Complaint dismissed.
                               ___________________________________
                                       MICHAEL J. CORRIGAN
                                              JUDGE
KENNETH A. ROCCO, A.J., and__________
FRANK D. CELEBREZZE, JR., J., CONCUR.
 
 
 
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