COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80386
STATE OF OHIO EX REL.         :
DEMETRIUS BROWN               :    PETITION FOR WRIT OF MANDAMUS
                              :
     PETITIONER               :    MOTION NO. 33733
                              :
v.                            :    JOURNAL ENTRY AND OPINION
                              :
COURT OF COMMON PLEAS         :
                              :
     RESPONDENT               :
DATE OF JOURNALIZATION:       JANUARY 14, 2002
JUDGMENT:                     DISMISSED.
APPEARANCES:
For Petitioner:               Demetrius Brown, pro se
                              No. 368-161
                              P.O. Box 8000
                              Conneaut, OH 44030
For Respondent:               William D. Mason, Esq.
                              Cuyahoga County Prosecutor
                              Diane Smilanick, Esq.
                              Assistant County Prosecutor
                              Justice Center - 8th Floor
                              1200 Ontario Street
                              Cleveland, OH 44113:
TIMOTHY E. McMONAGLE, A.J.:
     On October 19, 2001, the relator, Demetrius Brown, commenced
this mandamus action against the respondent, the Cuyahoga  County
Common Pleas Court, to compel  the court to grant him the  proper
jail time credit in the underlying case, State v. Brown, Cuyahoga
County Common Pleas Court Case No. CR-358722.  He maintains that he
is entitled to a total of  154 days of jail time credit,which  he
sought in a motion filed August 1, 2001.
     On November  26,  2001,  the respondent  moved  for  summary
judgment on the grounds of mootness.  Attached to the dispositive
motion  was a  copy of  a certified  journal entry,  file-stamped
November 26, 2001, in the underlying case, granting Mr. Brown 148
days of credit. This journal entry establishes that Mr. Brown  has
received his requested relief, a ruling on his motion for jail time
credit, and that this writ action is, therefore, moot.  State  ex
rel. Corder v. Wilson (1991), 68 Ohio App.3d 567, 589 N.E.2d 113.
Appeal  is or was  the appropriate means  to further contest  the
amount of jail time credit granted.   State ex rel.  Campbell  v.
Judge Daniel Corrigan (Sept. 20, 2001), Cuyahoga App. No.  79525,
unreported and State ex rel. Johnson v. O'Donnell (Oct. 4, 1994),
Cuyahoga App. No. 67783, unreported.
     Additionally, the relator failed to support his complaint with
an affidavit  specifying the details of the claim  as required by
Loc.R. 45(B)(1).  State ex  rel. Simms v. Sutula (1988), 81  Ohio
St.3d 110, 689 N.E.2d 564; State ex rel. Wilson v. Calabrese (Jan.
18, 1996), Cuyahoga App. No. 70077, unreported and State ex  rel.
Smith  v. McMonagle  (July 17,  1996), Cuyahoga  App. No.  70899,
unreported.   The relator  has also  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.   The relator's failure  to
comply with R.C. 2969.25 warrants dismissal of the 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 and State ex rel. Alford
v. Winters (1997), 80 Ohio St.3d 285, 685 N.E.2d 1242.
     Accordingly, the court  grants the  respondent's motion  for
summary judgment and dismisses this case.  Costs assessed against
relator. 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).
                         TIMOTHY E. McMONAGLE, ADMINISTRATIVE JUDGE
PATRICIA A. BLACKMON, J. and
ANN DYKE, J., CONCUR.
 
 
 
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