COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                             NO. 82251
STATE OF OHIO                  :    PETITION FOR WRIT
                               :    OF MANDAMUS
               PETITIONER      :
                               :
          -vs-                 :    JOURNAL ENTRY AND OPINION
                               :
KEVIN JOHNSON                  :
                               :
               RESPONDENT      :
DATE OF JOURNALIZATION:             APRIL 10, 2003
JUDGMENT:                           DISMISSED.
APPEARANCES:
FOR RELATOR:                        FOR RESPONDENT:
WILLIAM D. MASON, ESQ.              KEVIN JOHNSON, PRO SE
CUYAHOGA COUNTY PROSECUTOR          No. 422-476
BY: RENEE L. SNOW, ESQ.             P.O. Box 1812
ASST. COUNTY PROSECUTOR             Marion, Ohio 43301
8th Floor, Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
                                -2-
ANN DYKE, P.J.:
     Relator requests that this court compel respondent judge to
issue findings of fact and conclusions of law with respect to the
petition for postconviction relief filed by relator in    State v.
Johnson, Cuyahoga County Court of Common Pleas Case No. CR-404664
on August 26, 2002.
     Respondent  has  filed  a  motion   to  dismiss  or,  in  the
alternative, for summary judgment attached to which is a copy of
the findings of fact and conclusions of law issued by respondent
and received for filing by the clerk on March 3, 2003.    Although
relator has opposed the motion, respondent argues that this action
in mandamus is moot.  We agree.
     We also note that the complaint is defective.  The caption of
the complaint is "State of Ohio vs. Kevin Johnson." Yet, "R.C.
2731.04 requires that an application for a writ of mandamus `must
be by petition, in the name of the state on the relation of the
person applying.' This failure to properly caption a mandamus
action is sufficient grounds for denying the writ and dismissing
the petition. Maloney v. Court of Common Pleas of Allen County
(1962), 173 Ohio St. 226, 181 N.E.2d 270. "       State v. Klein,
Cuyahoga App. No. 82283, 2003-Ohio-1177, at ¶3.
     "* * *  Additionally, relator`did not file an R.C. 2969.25(A)
     affidavit describing each civil action or appeal of a civil
     action he had filed in the previous five years in any state or
     federal court and also did not file an R.C. 2969.25(C)
                                -3-
     certified statement by his prison cashier setting forth the
     balance in his private account for each of the preceding six
     months.'   State ex rel. Hunter v. Cuyahoga Cty. Court of
     Common Pleas (2000), 88 Ohio St.3d 176, 177, 724 N.E.2d 420,
     421.  As a consequence, we deny relator's claim of indigency
     and order him to pay costs.  Id. at 420."
State ex rel. Bristow v. Sidoti (Dec. 1, 2000), Cuyahoga App. No.
78708, at 3-4.    Likewise, in this action, because relator has
failed to support his complaint with the affidavit required by R.C.
2969.25(A), we deny his claim of indigency and order him to pay
costs.  Additionally, "[t]he 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." State ex rel. Hite v. State, Cuyahoga
App. No. 79734, 2002-Ohio-807, at 6.
     Accordingly, respondent's motion to dismiss or, in the
alternative, for summary judgment is granted.    Relator to pay
costs.  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).
     Writ denied.
FRANK D. CELEBREZZE, JR., J.    AND
TIMOTHY E. MCMONAGLE, J.,  CONCUR.
                                           PRESIDING JUDGE
                                               ANN DYKE
 
.