COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78708
STATE OF OHIO, EX REL.             :
LONNY LEE BRISTOW                  :     JOURNAL ENTRY
                                   :
   Relator                         :           AND
                                   :
     -vs-                          :         OPINION
                                   :
LIZ SIDOTI, PLAIN DEALER, ET AL.   :
                                   :
   Respondents                     :
Date of Journalization:            DECEMBER 1, 2000
Character of Proceeding:           MANDAMUS
Judgment:                          Writ Dismissed.
Appearances:
For Relator:                       LONNY LEE BRISTOW, PRO SE
                                   Inmate No. 357-921
                                   Ohio State Reformatory
                                   878 Coitsville-Hubbard Road
                                   Youngstown, Ohio 44505
For Respondents Liz                LOUIS A. COLOMBO, ESQ.
Sidoti and WCPO:                   MICHAEL K. FARRELL, ESQ.
                                   Baker & Hostetler, L.L.P.
                                   3200 National City Center
                                   1900 East Ninth Street
                                   Cleveland, Ohio 44114-3485
                                   [continued on next page]
For Respondent WKRC:               MARK G. KOBASUK, ESQ.
                                   Taft, Stettinius & Hollister, L.L.P.
                                   1800 Firstar Tower
                                   425 Walnut Street
                                   Cincinnati, Ohio 45202-3957
For Respondent WTOL:               THOMAS G. PLETZ, ESQ.
                                -2-
                                   Shumaker, Loop & Kendrick, L.L.P.
                                   1000 Jackson Street
                                   Toledo, Ohio 43624
For Respondent WNWO:               SUSAN GROGAN FALLER, ESQ.
                                   Frost, Brown & Todd, L.L.C.
                                   2200 PNC Center
                                   201 East Fifth Street
                                   Cincinnati, Ohio 45202-4182
Also listed:                       WLWT
                                   140 West Ninth Street
                                   Cincinnati, Ohio 45202
                                   WTVG
                                   4247 Dorr Street
                                   Toledo, Ohio 43607
                                   WNCO
                                   S.R. 42
                                   Ashland, Ohio 44805
                               -3-
JAMES M. PORTER, J.:
     Relator avers that respondents   an individual employed by a
newspaper and seven broadcast entities    did, in Cuyahoga County,
Ohio,by use of the internet and other means, report on Relator as
if he were a public figure when he is in fact a private individual.
Complaint, at 3.  Relator requests that this court issue a writ of
mandamus compelling respondents to  cease reporting Relator as if
he is a public figure.   Id.  Relator also requests damages.
     Respondents Liz Sidoti, WCPO, WKRC, WNWO and WTOL have filed
motions to  dismiss arguing,  inter alia,  that they  are private
persons who are not appropriate respondents in a mandamus action.
 [M]andamus will  not lie  to enforce a  private right  against a
private person.   State ex rel. Longacre v. Penton Publishing Co.
(1997), 77 Ohio St.3d 266; State ex rel. Russell v. Duncan (1992),
64 Ohio St.3d 538; State ex rel. Pressley v. Indus. Comm. (1967),
11 Ohio St.2d  141.   State  ex rel. Edwards v.  Turner (Aug. 20,
1998), Cuyahoga App. No. 74709, unreported, at 2.
     Relator has not averred facts which establish that respondents
are not private persons.  As a consequence, relator has failed to
state a claim upon which relief in mandamus can be granted.
     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.
     We also  note  that the  purported   affidavit  of indigency
attached to the complaint contains merely relator's signature and
                               -4-
is not notarized.  The  affidavit of indigency  is not, therefore,
sufficient to comply with the formal requirements for an affidavit.
See R.C. 2319.01 through 2319.04.  See, e.g., State v. Trembly (Mar.
16, 2000), Cuyahoga App. No. 75996, unreported, reopening disallowed
(Oct. 20, 2000), Motion No. 16908, at 2-3.  Additionally, relator
          did not  file  an  R.C. 2969.25(A)  affidavit
          describing each civil  action or appeal  of a
          civilaction he had filed in the previous five
          years in any state or  federal court and also
          did not  file  an  R.C. 2969.25(C)  certified
          statement by his prison cashier setting forth
          the balance in his private account for each of
          the preceding six months.
State ex rel. Hunter v. Cuyahoga Cty. Court of Common Pleas (2000),
88 Ohio St.3d 176, 177, 724 N.E.2d 420, 421.  As a consequence, we
deny relator's claim of indigency and order him to pay costs.  Id.
at 420.
     Accordingly, we grant the motions to dismiss of respondents Liz
Sidoti, WCPO, WKRC, WNWO and  WTOL and, in light of the fact that
relator obviously  cannot prevail on  the facts, we  dismiss this
action sua sponte with regard to respondents WLWT, WTVG and WNCO.
Stateex rel. Thompson v. Spon (1998), 83 Ohio St.3d 551, 553, 700
N.E.2d 1281, 1282.  Relator to pay costs.  The clerk is directed to
serve upon the parties notice of this judgment and its date of entry
upon the journal.  Civ.R. 58(B).
     Writ dismissed.
KENNETH A. ROCCO, P.J., and
JAMES D. SWEENEY, J., CONCUR.
                               -5-
                                         JAMES M. PORTER
                                              JUDGE
 
 
 
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