COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 76494
STATE OF OHIO ex rel.         :
SAMUEL L. BUOSCIO             :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 8344
                              :
JUDGE NANCY MARGARET RUSSO    :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     Respondent               :
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    JULY 29, 1999
APPEARANCES:
For relator       :           SAMUEL L. BUOSCIO, pro se
                              Post Office Box 788
                              Mansfield, Ohio  44901-2788
For respondent    :           WILLIAM D. MASON
                              Cuyahoga County Prosecutor
                              GREGORY B. ROWINSKI, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
JAMES M. PORTER, A.J.
     Samuel L. Buoscio, relator, is seeking a writ of mandamus to
compel respondent, Judge Nancy Russo, to set aside all orders  in
C.P. Case  No. CV-343129, to  order the clerk  of court to  serve
relator with a  copy of defendant's  motion for summary  judgment
filed in C.P. Case No. CV-343129, to set a date to allow relator to
respond to the summary judgment motion, or to step down from C.P.
Case  No.  CV-343129  and  assign  the  case  to  another  judge.
Respondent moved  to dismiss the  complaint on  the grounds  that
relator failed to provide the required affidavit in support of his
action and that  the complaint fails to  state a claim for  which
relief  in mandamus is  warranted.  For  these reasons, we  grant
respondent's motion.
     Local App.R. 45, which governs the filing of original actions
in this court, requires that all complaints in original actions be
supported by an affidavit of the relator specifying the details of
the claim. Loc.App.R. 45(B)(1)(a).  Relator failed to provide such
an affidavit, even after the deficiency was noted in respondent's
motion to dismiss.  The  failure to support a complaint with  the
required affidavit is grounds for dismissal.  Id.; State ex  rel.
Smith v.  Fitzsimmons (Dec. 3,  1998), Cuyahoga  App. No.  75525,
unreported.
     In addition, relator has failed to allege the existence of any
duty of respondent requiring her to perform the requested acts.  A
                               -3-
complaint  in mandamus  that fails  to set  forth a  duty of  the
respondent to perform the act requested fails to state a claim for
relief in mandamus.  State ex rel. Drake v. Fuerst (May 6, 1999),
Cuyahoga  App. No.  76022, unreported;  State ex  rel. Sharif  v.
McDonnell (Aug. 21, 1997), Cuyahoga App. No. 72705, unreported.
     Accordingly, respondent'smotion to dismiss is granted.  Costs
to relator.
ANN DYKE, J., CONCURS
.