COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73053 STATE OF OHIO, ex rel. : NEIL R. KLOSTERMEYER : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 88580 : CITY OF CLEVELAND POLICE : JOURNAL ENTRY AND OPINION DEPARTMENT : : Respondent : DATE OF ANNOUNCEMENT OF DECISION : NOVEMBER 20, 1997 JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For relator : NEIL R. KLOSTERMEYER, pro se #184-438 Mansfield Correctional Institution Post Office Box 788 Mansfield, Ohio 44901 For respondent : SHARON SOBOL JORDAN Director of Law DAWN M. TARKA, Assistant 601 Lakeside Avenue - Room 106 Cleveland, Ohio 44114 2 JAMES D. SWEENEY, C.J.: Relator, Neil R. Klostermeyer, seeks a writ of mandamus in order to compel the respondent, the City of Cleveland Police Department, to produce and send by mail copies of a police report and a forensic report that relate to the underlying case of State v. Klostermeyer, Cuyahoga Common Pleas Case No. CR-177990. The respondent has filed a motion to dismiss, which this court grants for the following reasons. The relator, as required by Loc.App.R. 8(B)(1), has failed to include within his complaint a supporting affidavit that specifies the details of his claim. State ex rel. Smith v. Court of Common Pleas (July 3, 1997), Cuyahoga App. No. 72381, unreported. This defect alone requires dismissal of the relator's complaint for a writ of mandamus. State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077, unreported. In addition, the respondent possesses no legal duty to mail any copies of records to the relator. State ex rel. Finley v. Ohio Historical Society (1992), 64 Ohio St.3d 509; State ex rel. Nelson v. Fuerst (1993), 66 Ohio St.3d 47; State ex rel. Cheren v. Chief of Police, Akron Municipal Police Department (1993), 67 Ohio St.3d 461. Finally, the Supreme Court of Ohio, in State ex rel. Steckman v. Jackson (1994) 70 Ohio St.3d 420, established that information assembled by law enforcement officials in connection with a criminal proceeding is excepted from required release. 3 Accordingly, the respondent's motion to dismiss is granted. Relator to bear costs. Writ dismissed. .