COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 76316 STATE OF OHIO ex rel. : RANDY LEWIS : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 7413 : JUDGE LLOYD BROWN (Deceased) : JOURNAL ENTRY AND OPINION COURT OF COMMON PLEAS : CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : DISMISSED. DATE OF JOURNALIZATION : JULY 8, 1999 APPEARANCES: For relator : RANDY LEWIS, pro se #137-610 Post Office Box 1812 Marion, Ohio 43301 For respondent : WILLIAM D. MASON Cuyahoga County Prosecutor Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- JAMES M. PORTER, A.J. Relator, Randy Lewis, has filed a complaint for a writ of mandamus through which he seeks an order from this court that requires the respondent, Judge Lloyd O. Brown, to grant a motion for default judgement pursuant to Civil Rule (55) (a), which was filed in the underlying case of State v. Lewis, Cuyahoga County Court of Common Pleas Case No. CR-264783. In order for this court to issue a writ of mandamus, the relator must establish that: 1) the relator possesses a clear legal right to the relief requested; 2) the respondent possesses a clear legal duty to perform the requested act; and 3) the relator possesses no plain and adequate remedy at law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65. In the case sub judice, the relator has failed to establish each prong of the aforesaid three-part test. State ex rel. Bardo v. Lyndhurst (1988), 37 Ohio St.3d 106; State ex rel. Westchester Estates, Inc. v. Bacon (1980), 37 Ohio St.2d 42. Accordingly, we sua sponte dismiss the relator's complaint for a writ of mandamus. Costs to relator. Writ dismissed. ANN DYKE, J., CONCURS .