COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 75417 STATE OF OHIO, EX REL. : PETITION FOR WRIT OF WALTER BREWER : MANDAMUS : Relator : MOTION NO. 5190 : vs. : JOURNAL ENTRY AND OPINION : JUDGE BRIAN CORRIGAN : COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : : DATE OF JOURNALIZATION : APRIL 22, 1999 JUDGMENT : WRIT DISMISSED. APPEARANCES: For Relator : WALTER BREWER, Pro Se No. 343-690 Lima Correctional Institute P. O. Box 4571 Lima, Ohio 45802 For Respondent : WILLIAM D. MASON, Cuyahoga County Prosecutor GAIL D. BAKER, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 JAMES M. PORTER, A.J.: Relator avers that he is incarcerated at the Lima Correctional -2- Institution and that the Adult Parole Authority ( APA ) has refused to order his release. Relator requests that this court compel respondent judge--who sentenced relator in State v. Brewer, Cuyahoga County Court of Common Pleas Case No. CR-347465--to submit to the relator and the APA, justification of the respondent [sic] sentencing disceretion [sic], so that the relator came [sic] obtain a parole. Complaint. Respondent has filed a motion to dismiss. Respondent contends that the complaint does not articulate any discernible relief. Respondent also argues that relator did not submit any evidence that the Adult Parole Authority requires additional information from respondent. Relator has not opposed the motion. In State ex rel. Clark v. Lile (1997), 80 Ohio St.3d 220, 685 N.E.2d 535, the court of appeals dismissed the relator's request for relief in mandamus to compel the sentencing judge to ensure that relator received his proper sentence and to notify the Department of Rehabilitation and Correction of the proper term. The Supreme Court affirmed the dismissal by the court of appeals. Likewise, relator in this action has failed to establish a duty on the part of respondent judge to submit to the Adult Parole Authority justification of the sentence imposed on relator. Furthermore, relator failed to comply with Loc.App.R. 45(B)(1)(a) which requires that complaints in original actions be supported by an affidavit from the plaintiff or relator specifying the details of the claim. Accordingly, respondent's motion to dismiss is granted. -3- Relator to pay costs. Writ dismissed. ANN DYKE, J., CONCURS. JAMES M. PORTER, ADMINISTRATIVE JUDGE .