COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83660
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
GREGORY LEE DONALD           :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE NANCY M. RUSSO         :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           DECEMBER 11, 2003
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied.
                                  Motion No. 354514
                                  Order No. 354717
 
 
APPEARANCES:
 
For Relator:                      GREGORY LEE DONALD, PRO SE
                                  Inmate No. 432-822
                                  2000 South Avon Belden Road
                                  Grafton, Ohio 44044
 
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  BY: DIANE SMILANICK, ESQ.
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-
 
ANNE L. KILBANE, J.:
 
     Gregory Donald, through a complaint for a writ of mandamus,
 
requests this court to order Judge Nancy M. Russo to grant his
 
motion for pre-conviction jail time credit in State v. Donald,
 
Cuyahoga County Court of Common Pleas Case No. CR-419217. The judge
 
responded with a motion for summary judgment, which we grant for the
 
following reasons.
 
     Attached to the motion for summary judgment is a copy of a
 
judgment entry that grants Donald sixty-eight (68) days of pre-
 
conviction jail time credit. It must also be noted that any error
 
associated with the calculation of pre-conviction jail time credit
 
must be addressed through an appeal.1 The judge has discharged her
 
duty and Donald's request for a writ of mandamus is moot.2
 
     We find, however, that Donald has failed to comply with
 
Loc.App.R. 45(B)(1)(a), which requires that the complaint be
 
supported by an affidavit that specifies the details of the claim.
 
His failure to provide this court with a supporting affidavit
 
requires dismissal of the complaint.3 In addition, he has failed to
 
 
     1State ex rel. Britton v. Judge Foley-Jones (March 5, 1998),
Cuyahoga App. No. 73646; State ex rel. Spates v. Judge Sweeney
(April 17, 1997), Cuyahoga App. No. 71986.
 
     2State 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.
 
     3State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga
App. No. 70899; State ex rel. Wilson v. Calabrese (Jan. 18,
1996), Cuyahoga App. No. 70077.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
comply with R.C. 2969.25, which requires an affidavit that
 
delineates with specificity each civil action or appeal filed by him
 
within the prior five years in any state or federal court. This
 
failure to comply with R.C. 2969.25 warrants the dismissal of the
 
complaint for a writ of mandamus.4
 
    Accordingly, we grant the motion for summary judgment. Costs
 
to Donald. 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.
 
 
 
                                     ANNE L. KILBANE, JUDGE
 
 
DIANE KARPINSKI, J., CONCURS
 
ANTHONY O. CALABRESE, JR., J., CONCURS
 
 
 
 
     4State ex rel. Zanders v. Ohio Parole Board, 82 Ohio State
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.
 
.