COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 76640
STATE OF OHIO ex rel.         :
MAURICE BARRETT               :
                              :    PETITION FOR WRIT OF
     Relator                  :    MANDAMUS
                              :
     vs.                      :    MOTION NO. 9649
                              :
CLERK OF COURTS               :    JOURNAL ENTRY AND OPINION
COURT OF COMMON PLEAS         :
CUYAHOGA COUNTY, OHIO         :
                              :
     and                      :
                              :
THE ADULT PAROLE AUTHORITY    :
                              :
                              :
     Respondents              :
JUDGMENT                      :    WRIT DISMISSED.
DATE OF JOURNALIZATION        :    SEPTEMBER 23, 1999
APPEARANCES:
For relator         :         MAURICE BARRETT, pro se
                              #365-747
                              Post Office Box 69
                              London, Ohio  43140-0069
For respondent Clerk          WILLIAM D. MASON
    of Courts       :         Cuyahoga County Prosecutor
                              LISA REITZ WILLIAMSON, Assistant
                              Justice Center, Courts Tower
                              1200 Ontario Street
                              Cleveland, Ohio  44113
For respondent Adult          BETTY D. MONTGOMERY
    Parole Authority:         Attorney General
                              JOHN H. JONES, Assistant
                              Corrections Litigation Section
                              140 E. Town Street, 14th Floor
                              Columbus, Ohio  43215-6001
                               -2-
JAMES M. PORTER, A.J.
     Relator, Michael Barrett, has filed a complaint for a writ of
mandamus  through  which  he seeks  release  from  prison.    The
respondents, the Cuyahoga  County Clerk of  Courts and the  Adult
Parole Authority, have filed separate motions to dismiss.
     In order  for this court  to issue a  writ of mandamus,  the
relator must establish each prong of the following three-part test:
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 does not possess  a
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
the first two prongs of the aforesaid three-part test.  Initially,
the relator has failed to establish the existence of any right that
mandates his  immediate release from  prison.   In addition,  the
relator has failed to establish that any of the respondents possess
any legal duty that requires the immediate release of the relator
from prison.   State ex rel.  Westchester Estates, Inc. v.  Bacon
(1980), 37 Ohio St.2d 42.
     The relator has also failed to comply with R.C. 2969.25, which
requires an affidavit that describes each civil action or appeal as
filed by the relator within the previous five years in any state or
federal court.   The failure of the  relator to comply with  R.C.
2969.25 warrants  a dismissal  of  the complaint  for a  writ  of
                               -3-
mandamus.  State ex rel. Zanders v. Ohio Parole Board (1998),  82
Ohio St.3d 421; State ex  rel. Alford v. Winters (1997), 80  Ohio
St.3d 594.
     Accordingly, the respondents' motions to dismiss are granted.
Costs to relator.
     Writ dismissed.
ANN DYKE, J., CONCURS
                                     JAMES M. PORTER
                                   ADMINISTRATIVE JUDGE
.