COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 82814
 
 
ROBERT L. PINKAVA             :         ORIGINAL ACTION
                              :
                              :         JOURNAL ENTRY
          Petitioner          :              AND
                              :            OPINION
    vs.                       :
                              :
THOMAS POKORNY, COURT OF      :
COMMON PLEAS, CUYAHOGA COUNTY :
                              :
          Respondent          :
 
 
DATE OF JOURNALIZATION:            JULY 8, 2003
 
CHARACTER OF PROCEEDINGS:          WRIT OF PROCEDENDO
 
JUDGMENT:                          Writ Denied.
                                   Motion No. 350040.
 
 
APPEARANCES:
 
For Petitioner:               ROBERT L. PINKAVA, pro se
                              Inmate No. A155-820
                              PCC 10E1 65
                              P.O. Box 209
                              Orient, Ohio 43146
 
For Respondent:               WILLIAM D. MASON, ESQ.
                              Cuyahoga County Prosecutor
                              BY: RENEE L. SNOW, ESQ.
                              Assistant County Prosecutor
                              Justice Center - 9th Floor
                              1200 Ontario Street
                              Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
CELEBREZZE, FRANK D., JR., J.
 
     Robert L. Pinkava, the petitioner, has filed a complaint for
 
a writ of procedendo. Pinkava seeks an order from this court which
 
requires Judge Thomas Pokorny, the respondent, to render a ruling
 
with regard to a "motion to vacate guilty plea," as filed on or
 
about November 7, 2001 in the underlying action of State v.
 
Pinkava, Cuyahoga County Court of Common Pleas Case No. CR-4423.
 
Judge Pokorny has filed a motion for summary judgment, which we
 
grant for the following reasons.
 
     Attached to Judge Pokorny's motion for summary judgment is a
 
copy of a judgment entry, as journalized on March 29, 2002, which
 
denied Pinkava's "motion to vacate guilty plea." Pinkava 's
 
complaint for a writ of procedendo is thus 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.
 
     In addition, we find that Pinkava's complaint for a writ of
 
mandamus is defective since it is improperly captioned. A petition
 
for a writ of procedendo must be brought in the name of the state,
 
on relation of the person applying. The failure of Pinkava to
 
properly caption his complaint for a writ of procedendo warrants
 
dismissal. Cf.    Allen v. Court of Common Pleas of Allen Cty.
 
(1962), 173 Ohio St. 226, 181 N.E.2d 270; Dunning v. Judge Cleary,
 
et al. (Jan. 11, 2001), Cuyahoga App. No. 78763.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
     Pinkava has also failed to support his complaint with an
 
affidavit "specifying the details of the claim, " as required by
 
Loc.App.R. 45(B)(1)(a).   State ex rel. Wilson v. Calabrese (Jan.
 
18, 1996), Cuyahoga App. No. 70077; State ex rel. Smith v.
 
McMonagle (July 17, 1996), Cuyahoga App. No. 70899.
 
     Finally, Pinkava has failed to comply with R.C. 2969.25, which
 
requires an affidavit that describes each civil action or appeal
 
filed by the relator within the previous five years in any state or
 
federal court. Pinkava 's failure to comply with R.C. 2969.25
 
warrants the dismissal of his complaint for a writ of mandamus.
 
State ex rel. Zanders v. Ohio Parole Board , 82 Ohio St.3d 421,
 
1998-Ohio-218, 696 N.E.2d 594; Alford v. Winters , 80 Ohio St.3d
 
285, 1997-Ohio-117, 685 N.E.2d 1242.
 
     Accordingly, we grant Judge Pokorny's motion for summary
 
judgment. Costs to Pinkava. It is further ordered that the Clerk
 
of the Eighth District Court of Appeals serve upon all parties
 
notice of this judgment as required by Civ.R. 58(B).
 
     Writ denied.
 
 
                                     FRANK D. CELEBREZZE, JR.
                                              JUDGE
KENNETH A. ROCCO, P.J., AND
 
ANN DYKE, J.,        CONCUR.
 
.