COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80886
CHARLES E. TOLLIVER, JR.      :    PETITION FOR WRIT
                              :    OF HABEAS CORPUS
               PETITIONER     :
                              :
          -vs-                :    JOURNAL ENTRY AND OPINION
                              :
WILLIAM D. MASON              :
                              :
               RESPONDENT     :
DATE OF JOURNALIZATION:            MARCH 14, 2002
JUDGMENT:                          Writ Dismissed
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
CHARLES E. TOLLIVER, JR., ESQ.     WILLIAM D. MASON, ESQ.
NO. 396-465                        CUYAHOGA COUNTY PROSECUTOR
Cuyahoga County Jail               9th Floor, Justice Center
Cleveland, Ohio 44101              1200 Ontario Street
                                   Cleveland, Ohio 44113
                               -2-
DYKE, J.:
     Sua Sponte, we dismiss the petitioner's complaint, as filed on
February 21, 2002, which requests that this court issue a Writ of
Habeas Corpus against respondent, William D. Mason.  Mr. Tolliver
asserts that he was wrongfully convicted based upon jurisdictional
defects in State v. Tolliver, Cuyahoga Court of Common Pleas, Case
No. 391137.
     A review of the record indicates that Mr. Tolliver  appealed
his conviction and this court reversed the judgment, vacated  the
sentence and remanded the matter back to the trial court to allow
the State  to present  evidence of  the possible  tolling of  the
statute of  limitations  on  the conspiracy  charge  against  Mr.
Tolliver.  See State v. Tolliver (Sept. 13, 2001), Cuyahoga  App.
No. 78786, unreported.
     On February 25, 2002, the lower court held a hearing pursuant
to our order and ruled that State v. Tolliver, Cuyahoga Court  of
Common Pleas, Case No.  391137, be dismissed.  The court  further
ordered that Mr. Tolliver be released forthwith.  Accordingly, Mr.
Tolliver's petition is moot.  Larson v. State of Ohio (2001),  92
Ohio St.3d 69, 748 N.E.2d 72; Pewitt v. Lorain Correctional Inst.
(1992), 64 Ohio St.3d 470, 597 N.E.2d 92.
     Finally, we find  that the petitioner failed to support  his
complaint with an affidavit  specifying the details of the  claim
as required  by Loc.R.  45(B)(1)(a).   State  ex rel.  Wilson  v.
Calabrese(Jan. 18, 1996), Cuyahoga App. No. 70077, unreported and
                               -3-
State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No.
70899, unreported.
     Accordingly, we dismiss this action sua sponte.  Petitioner to
pay costs. The clerk is directed to serve notice of this judgment
upon all parties as provided in Civ.R. 58(B).
     Writ Dismissed.
KENNETH A. ROCCO, P.J.      AND
MICHAEL J. CORRIGAN, J., CONCUR.
                                                JUDGE
                                               ANN DYKE
 
.