COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                            COUNTY OF CUYAHOGA
                               No. 81753    
STATE OF OHIO, EX REL.                  :            ORIGINAL ACTION
BELVIN McGEE
                 Relator                :             JOURNAL ENTRY
     vs.                                :                      AND
JUDGE WILLIAM E. MAHON, ET AL           :                OPINION
                 Respondent             :
                                        :
DATE OF JOURNALIZATION              :          DECEMBER 5, 2002
CHARACTER OF PROCEEDING                 :      WRIT OF MANDAMUS 
JUDGMENT                                :      WRIT DENIED
APPEARANCES:
     For Relator:                              BELVIN McGEE
                                               Inmate No. 379-965
                                               Lorain Correctional 
                                               Institution
                                               2075 South Avon Belden Road
                                               Grafton, Ohio 44044    
     For Respondent:                           WILLIAM D. MASON
                                               Cuyahoga County Prosecutor
                                               L. CHRISTOPHER FREY
                                               Assistant County Prosecutor
                                               Justice Center - 8th Floor
                                               1200 Ontario Street
                                               Cleveland, Ohio 44113
                                   -2-
ANNE L. KILBANE, J.:
     On October 18, 2002, Belvin McGee, sought a mandamus action
to compel either Judge William Mahon or Judge Daniel Corrigan to
rule  on  his  May  7,  2002,  motion  to  withdraw  his  guilty  plea  in
State v. McGee, Cuyahoga County Court of Common Pleas Case No. CR-
3383003.  On November 8, 2002, the Judges filed a motion for
summary judgment and attached a copy of the court   s docket which
indicates that McGee    s motion was denied on November 4, 2002.
Therefore, the request for a writ of mandamus is moot.1 
     Furthermore, we find that McGee 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, and such failure constitutes sufficient
grounds  for  dismissal  of  the  relator   s  complaint  for  a  writ  of
mandamus.2 
     Accordingly, we grant the motion for summary judgment.  McGee
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).  
     1 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. 
     2 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.
                              -3-
     Writ denied. 
JAMES D. SWEENEY, J.             AND
KENNETH A. ROCCO, P.J.,       CONCUR
                                           ANNE L. KILBANE 
                                                JUDGE
 
 
 
.