COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 82042
ALLEN RINGEL, B.S., MSTD.     :        ORIGINAL ACTION
                              :
          Relator             :
                              :
          v.                  :
                              :         JOURNAL ENTRY
CASE WESTERN RESERVE          :               AND
UNIVERSITY                    :            OPINION
                              :
          Respondent          :
DATE OF JOURNALIZATION:            JANUARY 16, 2003
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
JUDGMENT:                          Writ Dismissed
APPEARANCES:
For Relator:                       For Respondent:
Allen Ringel                       Joel A. Makee
1787 Beaconwood Avenue             Christine Lewanski
S. Euclid, Ohio 44121              Renee B. Weiss
                                   TAFT, STETTINIUS & HOLLISTER,
                                   LLP
                                   3500 BP Tower -200 Public Sq.
                                   Cleveland, Ohio 44114-2302
                               -2-
Judge Kenneth A. Rocco:
     On November 13, 2002, relator Allen Ringel filed a writ of
mandamus against Case Western Reserve University.  In the petition,
relator asserts that, "with the exigency for discovery materials
via Writ of Mandamus, due to the possibility of concurrent loss of
life; pursuant to ORC 2731 and Loc. R. 45(B)(1)(A).     Petitioner
needs said discovery material for said jury trial on 21 JAN03."
Relator further states that defendants have created a basis for
equitable estoppel by not admitting him to their medical school;
that defendants are interfering in a seditious manner as to
obstruct him from finishing his M.D. degree and return to his Ohio
National Guard Unit; that by their actions, defendants are
jeopardizing national security; and that defendants are obstructing
the clinical testing of his Heart Mate-I device with possible
concurrent loss of life.
     On December 17, 2002, respondent filed a motion to dismiss the
complaint.  Respondent claims that relator has an adequate remedy
at law and that the complaint should be dismissed because it is
improperly captioned.   For the following reasons, we grant the
respondent's motion to dismiss.
     A Civ.R. 12(B)(6) motion to dismiss for failure to state a
claim may be granted when it appears beyond doubt from the face of
the petition, presuming the allegations contained in the petition
are true, that the petitioner can prove no set of facts which would
                                -3-
warrant the relief sought. State ex rel. Neff v. Corrigan (1996),
75 Ohio St.3d 12, 661 N.E.2d 170.   The relief sought herein is a
writ of mandamus.
       In order for this court to issue a writ of mandamus, a
relator must establish that: 1) the relator possesses a clear legal
right to  the relief  prayed; 2) the respondent   possesses a clear
legal duty to perform the requested act; and 3) the relator
possesses no plain and adequate remedy in the ordinary course of
the law. State ex rel. Manson v. Morris (1993), 66 Ohio St.3d 440,
613 N.E.2d 232, citing State ex rel. Berger v. McMonagle (1983), 6
Ohio St.3d 28, 451 N.E.2d 225.
     After reviewing the petition, we find that the relator failed
to establish what clear legal right he possesses and what relief he
requests; what clear legal duty respondent must perform; and that
he does not have a plain and adequate remedy in the ordinary course
of the law.
     Additionally, it is well settled that mandamus will not lie to
enforce a private right against a private person.    State ex rel.
Longacre v. Penton Publishing Co. (1997), 77 Ohio St.3d 266, 673
N.E.2d 1297; State ex rel. Russell v. Duncan (1992), 64 Ohio St.3d
538, 597 N.E.2d 142; State ex rel. Pressley v. Indus. Comm. (1967),
11 Ohio St.2d 141, 228 N.E.2d 631; State ex rel. Bristow v. Sidoti
(Dec. 1, 2000), Cuyahoga App. No. 78708; State ex rel. Bristow v.
Stierhoff, et al. (June 21, 2001), Cuyahoga App. No. 78995; and
                               -4-
State ex rel. Edwards v. Turner (Aug. 20, 1998), Cuyahoga App. No.
74709.  In this matter, relator has not averred facts which can
establish that Case Western Reserve University is not a private
person.
    Furthermore, we find that relator 's petition is defective
since  it  is  improperly   captioned.  The complaint for an
extraordinary writ must be brought by petition, in the name of the
state on relation of the person applying.    Relator 's failure to
properly caption his petition for a writ of mandamus constitutes
sufficient reason for dismissal.  Allen v. Court of Common Pleas of
Allen County (1962), 173 Ohio St. 226, 181 N.E.2d 270; Dunning v.
Judge Cleary, et al. (Jan. 11, 2001), Cuyahoga App. No. 78763.
    Accordingly, we grant respondent's motion to dismiss the
petition for a writ of mandamus.   Relator to pay 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).
    Complaint dismissed.
PATRICIA ANN BLACKMON, J.
COLLEEN CONWAY COONEY, J. CONCUR
                                         _____________________
                                             KENNETH A. ROCCO
                                            ADMINISTRATIVE JUDGE
 
 
 
.