COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79584
ANTHONY CLARK                   :
                                :      PETITION FOR WRIT
          Petitioner            :
                                :       OF HABEAS CORPUS
     vs.                        :
                                :
STATE OF OHIO                   :  JOURNAL ENTRY AND OPINION
                                :
          Respondent            :
DATE OF JOURNALIZATION:                 MAY 17, 2001
JUDGMENT:                       WRIT DISMISSED.
                                (Motion No. 27897)
APPEARANCES:
For Petitioner:                 ANTHONY CLARK, Pro Se
                                Cuyahoga County Jail
                                P. O. Box 5600
                                Cleveland, Ohio 44101
For respondent:                 WILLIAM D. MASON
                                Cuyahoga County Prosecutor
                                9th Floor Justice Center
                                1200 Ontario Street
                                Cleveland, Ohio 44113
                               -2-
PATRICIA ANN BLACKMON, J.:
     Petitioner filed a  motion for habeas corpus  and appears to
be complaining that the state has not indicted him within fourteen
days  where an inditment [sic] has been waived ***.
     In In  Re: Woods (Apr. 26,  2001), Cuyahoga App. No.  79467,
unreported, this court  dismissed an action in habeas corpus  sua
sponte.
          Initially, we find that the relator has failed  to
     comply with the requirements of R.C. 2725.04(D),  which
     mandates that  a  copy of  the  cause of  detention  be
     attached to the complaint for a writ of habeas  corpus.
     The complaint for a writ of habeas corpus is thus fatally
     defective.  Brown v. Rogers (1995), 72 Ohio St. 3d 339,
     650 N.E.2d 422; Cornell v. Schotten (1994), 69 Ohio St.
     3d 466, 633 N.E.2d 1111; Bloss v. Rogers (1992), 65 Ohio
     St. 3d 145, 602 N.E.2d 602. In addition, the relator has
     failed to  comply  with  Loc.App.R.  45(B)(1)(a)  which
     requires  that  the  complaint  be  supported  with  an
     affidavit which specifies the details of his claim. State
     ex rel. Wilson v. Calabrese, 1996 Ohio App. LEXIS  6213
     (Jan. 18, 1996),  Cuyahoga app. No. 70077,  unreported;
     State ex  rel.  Smith  v. McMonagle  (July  17,  1996),
     Cuyahoga App. No. 70899, unreported. Finally, the relator
     has failed to comply with R.C. 2969.25 which requires an
     affidavit that describes  each civil  action or  appeal
     filed by the relator within the previous five years  in
     any state or federal  court.  State ex rel. Zanders  v.
     Ohio Parole Board (1998), 82 Ohio St. 3d 421, 696 N.E.2d
     594; State ex rel. Alford v. Winters (1997), 80 Ohio St.
     3d 285, 685 N.E.2d 1242.
Id.at 1-2. Likewise, petitioner in this action failed to:  attach
the cause of his detention; support the petition with an affidavit
complying  with Loc.App.R.  45(B)(1)(a);  and  comply  with  R.C.
2969.25.
     We also note that petitioner's filing is captioned  Motion for
Habeas Corpus. To the extent that [petitioner] is endeavoring to
commence his writ  action by filing a  motion for writ of  habeas
                               -3-
corpus, such  device is  inadequate to  the task  and is  fatally
defective.  State  ex rel. Simms v. Sutula (1998), 81 Ohio  St.3d
110.   State ex rel. Reed v. McFaul (Apr. 2, 1998), Cuyahoga App.
No. 74114, unreported, at 2.
     Accordingly, we dismiss the petition sua sponte.  Petitioner
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.
DIANE KARPINSKI, ADM.J., and
JAMES D. SWEENEY, J., CONCUR.
                                    PATRICIA ANN BLACKMON
                                            JUDGE
 
 
 
.