COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75122
STATE OF OHIO, ex rel.        :
RICCARDO SHEAD                :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 99613
                              :
WARDEN JOHN D. MORGAN         :    JOURNAL ENTRY AND OPINION
NORTH CENTRAL CORRECTIONAL    :
  INSTITUTION                 :
                              :
     Respondent               :
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :    OCTOBER 22, 1998
APPEARANCES:
For relator       :           RICCARDO SHEAD, pro se
                              #343-093
                              North Central Correctional Inst.
                              670 Marion-Williamsport Road, E.
                              Post Office Box 1812
                              Marion, Ohio  43301
For respondent    :           BETTY D. MONTGOMERY
                              Ohio Attorney General
                              ROBERT ANGELL, Assistant
                              Corrections Litigation Section
                              140 East Town Street, 14th Floor
                              Columbus, Ohio  44113
                               -2-
PATRICIA A. BLACKMON,A.J.:
     Riccardo Shead,  relator, who is  incarcerated at the  North
Central Correctional Institution,  commenced this action  against
respondent,  John  D.  Morgan,   Warden  at  the  North   Central
Correctional Institution in Marion, Ohio, to compel respondent to
credit relator with jail time credit as ordered by Judge  Richard
McMonagle on October 1, 1997.  Respondent filed a motion to dismiss
and/or  motion for  summary  judgment,  which we  grant  for  the
following several reasons.1
     Relator has failed  to attach to his petition the  affidavit
required by Loc.App.R. 8(B)(1) that specifies the details of  his
claim. A complaint in mandamus that omits the supporting affidavit
may be dismissed for noncompliance with Loc.App.R. 8(B)(1).  State
ex rel. Simmons v. Angelottta (June 12, 1997), Cuyahoga App.  No.
72198, unreported; State ex rel. Key v. Court of Common Pleas (Jan.
9, 1997), Cuyahoga App. No. 71680, unreported.
     Relator has also failed to file an affidavit describing each
civil action or  appeal of  a civil action  he had  filed in  the
previous five years in any state or federal court as required  by
R.C. 2969.25.  Noncompliance with this requirement also  warrants
dismissal.  State ex rel. Zanders v. Ohio Parole Board (1998), 82
     1This court considers the  defense of improper venue  waived
since it has not been timely asserted.  See Civ.R. 3(C), 12(B)(3),
and 12(H).
                               -3-
Ohio St.3d 421, 696 N.E.2d  594; State ex rel. Alford v.  Winters
(1997), 80 Ohio St.3d 285, 685 N.E.2d 1242.
     Finally, relator has failed to establish any entitlement  to
additional jail time credit as claimed.  Attached to respondent's
dispositive motion is a journal entry dated October 1, 1997, filed
October 6, 1997, in C.P.  Case No. CR-347663 and signed by  Judge
Richard McMonagle, which indicates relator is entitled to "0" days
of jail time  credit.  Relator has  not produced any evidence  to
contradict  this journal  entry.    Relator has  thus  failed  to
establish any right to additional jail time credit or any duty upon
respondent to credit him with additional jail time as ordered  by
Judge Richard McMonagle on October 1, 1997.
     Accordingly, respondent's Motion to Dismiss and/or Motion for
Summary Judgment is granted.   Costs to relator pursuant to  R.C.
2969.22, 2969.23. See, generally, Rash v. Anderson (1997), 80 Ohio
St.3d 349, 686 N.E.2d 505.
JAMES M. PORTER,J.   CONCURS
                                   PATRICIA A. BLACKMON
                                   ADMINISTRATIVE JUDGE
.