COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80076
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT
AQUIL ZAYID                   :    OF MANDAMUS
                              :
               RELATOR        :
                              :
          -vs-                :    JOURNAL ENTRY AND OPINION
                              :
PATRICIA CLEARY, JUDGE        :
COURT OF COMMON PLEAS         :
                              :
               RESPONDENT     :
DATE OF JOURNALIZATION:            SEPTEMBER 20, 2001
JUDGMENT:                          WRIT DENIED.
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
AQUIL ZAYID, PRO SE                WILLIAM D. MASON, ESQ.
No. 385-736                        CUYAHOGA COUNTY PROSECUTOR
ManCI, P.O. Box 788                BY: SHERRY F. MCCREARY, ESQ.
Mansfield, Ohio 44901              ASST. COUNTY PROSECUTOR
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
ANN DYKE, J.:
     On August 10, 2001, the relator, Aquil Zayid, commenced this
mandamus action against the respondent, Judge Patricia Cleary, to
compel the judge to rule on her post conviction relief motion and
to issue findings of fact and conclusions of law in State v. Zayid,
Cuyahoga  County Court of  Common Pleas Case  No. CR-383316.   On
September 7,  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 ruling and findings of fact and conclusions of
law pertaining to the  motion. 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.  Relator to bear costs.  It is further ordered that the
                               -3-
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
KENNETH A. ROCCO, J.,  CONCUR.
                                          PRESIDING JUDGE
                                               ANN DYKE
 
 
 
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