COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 82380 STATE OF OHIO, EX REL. : CURTIS FREED : PETITION FOR WRIT OF MANDAMUS : Relator : : vs. : JOURNAL ENTRY : JUDGE CHRISTINE MCMONAGLE : AND : Respondent : OPINION JUDGMENT : WRIT DENIED. DATE OF JOURNALIZATION : APPEARANCES: For relator : CURTIS L. FREED, Pro Se #440-114 P.O. Box 8107 Mansfield, Ohio 44901 For respondent : WILLIAM D. MASON Cuyahoga County Prosecutor CHRISANA C. BLANCO, Assistant Justice Center, Courts Tower 1200 Ontario Street, 9th Floor Cleveland, Ohio 44113 -2- KENNETH A. ROCCO, A.J.: Curtis Freed, the relator, seeks a writ of mandamus in order to compel Judge Christine McMonagle, the respondent, to provide a copy of a transcript at state's expense. Specifically, Freed seeks a copy of the trial transcript, as related to Cuyahoga County Court of Common Pleas Case No. 408021, State v. Freed, in order to aid his preparation of a petition for post-conviction relief. Judge McMonagle has filed a motion for summary judgment which we grant for the following reasons. The Supreme Court of Ohio has established that an individual, that has been declared indigent, is entitled to only one copy of a transcript at state's expense with regard to a pending appeal or petition for post-conviction relief. "This court has held than an indigent prisoner is entitled to relevant portions of a transcript upon, inter alia, appeal or in seeking post-conviction relief. State ex rel. Partee, v. McMahon (1963), 175 Ohio St. 243, 24 O.O. 2d 386, 193 N.E.2d 266. However, the right is subject to certain limits. One limit previously established is that, inter alia, appeal or post-conviction action must be pending at the time the transcript is sought. State, ex rel. Partee, v. McMahon, supra; State ex rel. Catlino, v. Clerk of Courts (1967), 9 Ohio St.2d 101, 38 O.O. 2d 255, 224 N.E.2d 130; State ex rel. Clark, v. Marshall (1980),63 Ohio St.2d 107, 17 O.O. 3d 65, 406 N.E.2d 1128. Another limit is that only one copy of a transcript need be provided. State ex rel. Vitoratos, v. Walsh (1962), 173 Ohio St.476, 20 O.O. 2d 84, 183 N.E.2d 917, appeal dismissed (1962), 371 U.S. 114." -3- State ex rel. Murr v. Thierry (1987), 34 Ohio St.3d 34, 517 N.E.2d 226 at p. 45. Attached to Judge McMonagle's motion for summary judgment is a copy of a judgment entry which clearly demonstrates that Freed has already been provided one copy of the transcript which relates to State v. Freed, Cuyahoga County Court of Common Pleas Case No. Cr-408021. Freed is not entitled to a second copy of the aforesaid transcript at state's expense. Thus, Freed has failed to establish that he possesses a legal right to the relief requested or that Judge McMonagle possesses a duty to provide a second copy of the requested transcript at state's expense. Mandamus does not lie under the facts as presented by Freed. State ex rel. Ney v. Niehaus (1987), 33 Ohio St.3d 118, 515 N.E.2d 914. In addition, it must also be noted that Freed has not complied with the requirement of R.C. 2969.25(A). Freed has failed to provide this court with an affidavit which contains "a description of each civil action or appeal of a civil action that the inmate has filed in the previous five years in any state or federal court." The failure of Freed to attach the mandated affidavit requires dismissal of the complaint for a writ of procedendo. See State ex rel. Kimbro v. Glavas, 97 Ohio St.3d 197, 2002-Ohio-5808, 777 N.E.2d 257; State ex rel. Akbar-El. v. Cuyahoga Cty. Court of Common Pleas (2002), 94 Ohio St.3d 210, 761 N.E.2d 624; State ex rel. White v. Mack (2001), 93 Ohio St.3d 572, 757 N.E.2d 353. -4- Accordingly, we grant Judge McMonagle 's motion for summary judgment. Costs to Freed. It is further ordered that the Clerk of Eighth District Court of Appeals serve upon all parties notice of this judgment as required by Civ.R. 58(B). Writ denied. KENNETH A. ROCCO ADMINISTRATIVE JUDGE PATRICIA ANN BLACKMON, J. and ANNE L. KILBANE, J. CONCUR .