COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 80943
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT
TRAMAINE E. MARTIN            :    OF PROCEDENDO
                              :
               PETITIONER     :
                              :
          -vs-                :    JOURNAL ENTRY AND OPINION
                              :
JUDGE CHRISTOPHER A. BOYKO    :
                              :
               RESPONDENT     :
DATE OF JOURNALIZATION:            APRIL 18, 2002
JUDGMENT:                          DISMISSED.
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
TRAMAINE E. MARTIN, PRO SE         WILLIAM D. MASON, ESQ.
No. A369-235                       CUYAHOGA COUNTY PROSECUTOR
Lake Erie Correctional Inst.       1200 Ontario Street
501 Thompson Road                  Cleveland, Ohio 44113
Conneaut, Ohio 44030-8000
                                   BETTY D. MONTGOMERY, ESQ.
                                   OHIO ATTORNEY GENERAL
                                   State Office Tower - 17th Fl.
                                   30 East Broad Street
                                   Columbus, Ohio 43215-3428
DYKE, J.:
     On March 1, 2002, the relator, Tramaine Martin, commenced this
procedendo action against the respondent, Judge Christopher Boyko,
to compel  the judge (1)  to rule on  relator's motion to  vacate
                               -2-
judgment and sentence and withdraw guilty plea; and (2) to rule on
relator's  motion for  a  copy  of the  complete  transcript  and
documents at state expense, which he filed in the underlying case,
State v. Martin, Cuyahoga County Court of Common Pleas Case No. CR-
369836. For the following reasons, this court, sua sponte, denies
the application for a writ.
     A review of the record indicates that Judge Boyko proceeded to
judgment  by  denying  relator's  motions.    Both  rulings  were
journalized on March 21, 2002.   Thus, the relator's request for a
writ of procedendo 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  procedendo.   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.
     Additionally, the relator failed to support his complaint with
an affidavit  specifying the details of the claim  as required by
Local Rule 45(B)(1)(a).  State ex rel. Wilson v. Calabrese  (Jan.
18, 1996), Cuyahoga App. No. 70077, unreported and State ex  rel.
                               -3-
Smith  v. McMonagle  (July 17,  1996), Cuyahoga  App. No.  70899,
unreported.
     Accordingly, we dismiss this action sua sponte.  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 denied.
TIMOTHY E. MCMONAGLE, A.J.      AND
COLLEEN CONWAY COONEY, J.,   CONCUR.
                                              JUDGE
                                             ANN DYKE
 
 
 
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