COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79926
STATE OF OHIO, EX REL.        :
CLEOPHUS OWENS                :    PETITION FOR WRIT
                              :    OF MANDAMUS
               RELATOR        :
                              :
          -vs-                :    JOURNAL ENTRY AND OPINION
                              :
COURT OF COMMON PLEAS         :
                              :
               RESPONDENT     :
DATE OF JOURNALIZATION:            SEPTEMBER 27, 2001
JUDGMENT:                          WRIT DENIED
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
CLEOPHUS OWENS, PRO SE             WILLIAM D. MASON, ESQ.
No. 389398                         CUYAHOGA COUNTY PROSECUTOR
P.O. Box 8107                      BY: DIANE SMILANICK, ESQ.
Mansfield, Ohio 44901              ASST. COUNTY PROSECUTOR
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
ANN DYKE, J.:
     On July 9, 2001, the relator, Cleophus Owens, commenced this
mandamus action against the respondent, Judge Mary Boyle, to compel
the judge to rule on relator's motion for correction of sentences
filed in State v. Owens, Cuyahoga County Court of Common Pleas Case
Nos. CR-160522, CR-169326 and CR-169009.  On August 29, 2001, the
respondent, through the Cuyahoga County Prosecutor, filed an answer
and a motion for summary judgment.
     Attached to the respondent's motion for summary judgment is a
copy of the court's rulings pertaining to the motion for correction
of sentences in the above-listed cases which were filed on August
29, 2001.  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.
     Furthermore, we find that 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 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.  Respondent to bear costs.  It is further ordered  that
                               -3-
the clerk shall serve upon all parties notice of this judgment and
date of entry pursuant to Civ.R. 58(B).
     Writ denied.
DIANE KARPINSKI, A.J.      AND
ANNE L. KILBANE, J.,   CONCUR.
                                            ANN DYKE
                                             JUDGE
 
 
 
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