COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71174 STATE OF OHIO EX REL. : GERALD O. STROTHERS, JR. : ORIGINAL ACTION : : JOURNAL ENTRY Relator : : AND vs. : : OPINION JUDGE PETER J. SIKORA, : CUYAHOGA COUNTY COURT OF COMMON : PLEAS, JUVENILE DIVISION : : Respondent : : DATE OF ANNOUNCEMENT OF DECISION: APRIL 24, 1997 CHARACTER OF PROCEEDING: WRIT OF MANDAMUS JUDGMENT: WRIT DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Relator: GERALD O. STROTHERS, JR. Pro Se Box 35182 Cleveland, Ohio 44135 For Respondent: STEPHANIE TUBBS JONES Cuyahoga County Prosecutor CAROL SHOCKLEY Assistant Prosecuting Attorney Courts Tower - Eighth Floor 1200 Ontario Street Cleveland, Ohio 44113 - 2 - O'DONNELL, J.: On August 28, 1996, Gerald O. Strothers filed a writ of mandamus against the Administrative Judge of the Cuyahoga County Court of Common Pleas, Juvenile Division, Judge Peter J. Sikora, seeking access to public records pursuant to R.C. 149.43 because Sikora, in a letter dated August 23, 1996, denied any further requests by Strothers to review or copy Juvenile Court records. Strothers attached to the writ a purported affidavit of indigency in order to have costs of the action waived pursuant to Local Appellate Rule 8(A). On December 17, 1996, our court, sua sponte, found the relator's affidavit of indigency insufficient and ordered him to deposit the sum of $100.00 with the clerk of courts or otherwise have the action dismissed. Thereafter, on January 15, 1997, we granted Strothers' motion for leave to file a supplemental affidavit of indigency and on January 27, 1997, Strothers filed what purported to be a Supplemental Affidavit of Indigence. This pleading consists of a series of statements, which includes pro se allegations that Strothers is neither on welfare, collecting unemployment, nor employed, yet is not homeless. The document, although signed by Strothers, is not notarized. Eighth District Loc. App. R. 8(A) states: No original action may be accepted for filing in this Court unless the party bringing the action shall have first deposited with the Clerk of Courts the sum of one hundred dollars ($100.00), - 3 - as security for the payment of costs that may accrue in the action. If the plaintiff or relator, by affidavit, shows inability by reason of indigency to pay or secure costs, the clerk shall receive and file the petition without such deposit. (Emphasis added.) R.C. 2319.02 defines an affidavit as "*** a written declaration under oath, made without notice to the adverse party." In dismissing a similar case under similar circumstances in Rudd v. Graham, (1996), 74 Ohio St.3d 1506, the Ohio Supreme Court stated that if a "*** relator's statement is not notarized, it does not meet the requirements of an affidavit of indigency and therefore is not sufficient for waiver of the docket fee ***." Id. Here, Strothers' purported affidavit of indigency is not notarized. Consequently, we conclude in accordance with Rudd v. Graham, supra, that the document submitted by Strothers is not an affidavit as defined by R.C. 2319.02 and, therefore, does not meet the requirements necessary to waive the filing fee in this instance. Accordingly, this writ is dismissed. Relator to pay costs. Writ dismissed. DYKE, J., and KARPINSKI, J., CONCUR .