COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79598
STATE OF OHIO, EX REL.      :
DIVINE G. EPPS,             :
                            :      PETITION FOR WRIT OF
     Relator                :
                            :            MANDAMUS
     vs.                    :
                            :
COURT OF COMMON PLEAS       :
CUYAHOGA COUNTY, OHIO       :
                            :
     Respondent             :
                            :
JUDGMENT                    :      WRIT DENIED.
DATE OF JOURNALIZATION      :      JULY 5, 2001
APPEARANCES:
For relator:                       DIVINE G. EPPS, pro se
                                   #A-70905
                                   P.O. Box 112
                                   Joliet, Illinois 60434
For respondent:                    WILLIAM D. MASON, Esq.
                                   Cuyahoga County Prosecutor
                                   RENO J. ORADINI, Jr., Esq.
                                   Assistant Prosecuting Attorney
                                   The Justice Center
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
SWEENEY, JAMES D., J.:
     Relator, Divine G. Epps, seeks a writ of mandamus in order to
compel the respondent, the Cuyahoga County Court of Common Pleas,
to issue findings of fact and conclusions of law with regard to a
petition  for  post-conviction  relief  that  was  filed  in  the
underlying action of State v. Epps, Cuyahoga County Court of Common
Pleas Case No. CR-332915.  The respondent has filed a motion  for
summary judgment.
     Attached to the respondent's motion for summary judgment is a
copy of the findings of fact and conclusions of law, as journalized
on May 30, 2001, that was issued in State v. Epps., supra.  Thus,
the relator's request for a writ  of mandamus is moot.  State  ex
rel. Gantt v.  Coleman (1983), 6 Ohio  St.3d 5, 450 N.E.2d  1163;
State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas
(1996), 74 Ohio St.3d 278, 658 N.E.2d 723.
     Finally, the relator has failed to comply with R.C.  2969.25
which mandates that he attach an affidavit to his complaint  that
describes each civil action or appeal of a civil action filed  in
the previous five years.  The failure to provide such an affidavit
constitutes  sufficient grounds  for dismissal  of the  relator's
complaint for a writ of mandamus.  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.
     Accordingly, we grant  the respondent's  motion for  summary
judgment.  Relator to bear costs.  It is further ordered that the
Clerk shall serve upon all parties notice of this judgment and date
                               -3-
of entry pursuant to Civ.R. 58(B).
     Writ denied.
KENNETH A. ROCCO, P.J., and
TERRENCE O'DONNELL, J., CONCUR.
                                        JAMES D. SWEENEY
                                             JUDGE
 
.