COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79692
STATE OF OHIO EX REL.         :
ALI A. AKBAR-EL,              :
                              :    PETITION FOR WRIT OF
          Relator             :    MANDAMUS
                              :
     -vs-                     :    JOURNAL ENTRY AND OPINION
                              :
COURT OF COMMON PLEAS,        :    MOTION NO. 29127
                              :
          Respondent          :
DATE OF JOURNALIZATION:       JUNE 27, 2001
JUDGMENT:                     DISMISSED.
APPEARANCES:
For Relator:                  Ali A. Akbar-El, Pro Se
                              No. A139-432
                              P.O. Box 511
                              Columbus, Ohio  43216
For Respondent:               William D. Mason, Esq.
                              Cuyahoga County Prosecutor
                              BY: Sherry F. McCreary, Esq.
                              Assistant County Prosecutor
                              The Justice Center   8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -2-
MICHAEL J. CORRIGAN, P.J.:
     The relator, Ali A. Akbar-El, has filed a complaint for a writ
of mandamus through which he seeks an order from this Court which
requires the respondent, The Cuyahoga County Court of Common Pleas,
to vacate the  conviction and sentence of incarceration that  was
rendered in the  underlying case of  State v. Akbar-El,  Cuyahoga
County Court of Common Pleas Case No. CR-12073.  The respondent has
filed a motion to dismiss which we grant for the following reasons.
     In order  for this Court  to issue a  writ of mandamus,  the
relator must demonstrate that:
     1) the  relator possesses a  clear legal  right to  the
     relief requested;
     2) the respondent possesses a clear legal duty to perform
     the requested relief; and
     3) there  exists no plain  and adequate  remedy in  the
     ordinary course of the law.
State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d 118, 515 N.E.2d
914.   Herein, the  relator  has failed  to demonstrate  that  he
possesses a clear legal right or that the respondent possesses  a
clear  legal  duty  to vacate  the  conviction  and  sentence  of
incarceration as originally imposed in State v. Akbar-El,  supra.
In addition,  the relator  filed  an appeal  with regard  to  his
conviction and sentence of incarceration in State v. Akbar-El (Dec.
8, 1994), Cuyahoga App. No. 68094, unreported.  Thus, mandamus will
not  issue where the  relator has employed  a plain and  adequate
remedy in the  ordinary course of  the law by  way of an  appeal.
State ex rel. Hastings Mut. Ins. Co. v. Merrilat (1990), 50  Ohio
                               -3-
St.3d 152, 553 N.E.2d 646;  State ex rel. Rhodes v. Van  Brocklin
(1988), 36 Ohio St.3d 236, 522 N.E.2d 1088.
     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 to  dismiss.
Relator to bear costs.  It is further ordered that the clerk shall
serve upon all parties notice of this judgment and date of  entry
pursuant to Civ.R. 58(B).
     Writ dismissed.
                                   ______________________________
                                        MICHAEL J. CORRIGAN
                                          PRESIDING JUDGE
ANN DYKE, J., and
COLLEEN CONWAY COONEY, J., CONCUR.
 
 
 
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