COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83278
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
JERRY WHITLOW                :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE SHIRLEY S. SAFFOLD     :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           JANUARY 7, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied.
                                  Order No. 355400
                                  Motion No. 352682
 
 
 
APPEARANCES:
 
For Relator:                      JERRY WHITLOW, PRO SE
                                  Inmate No. 434-183
                                  2000 S. 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-
 
DIANE KARPINSKI, J.:
 
     Relator, pro se, requests that this court compel respondent
 
judge to rule on his motion for jail-time credit filed in State v.
 
Whitlow, Cuyahoga County Court of Common Pleas Case No. CR-422143
 
on January 9, 2003.
 
     Respondent has filed a motion for summary judgment. Attached
 
to that motion is a copy of a journal entry issued by respondent
 
and received for filing by the clerk on September 17, 2003, in
 
which respondent granted relator nine days jail-time credit.
 
Relator never opposed the motion. Respondent argues that she has
 
discharged her duty. We agree.
 
     The complaint is also defective. Although R.C. 2731.04
 
requires that actions in mandamus must be on relation of the state
 
in the name of the person bringing the action, the caption reads
 
"State of Ohio, ex rel. v. Jerry Whitlow." (Emphasis added.)
 
Furthermore, R.C. 2969.25 requires that a prisoner file an
 
affidavit describing each civil action or appeal of a civil action
 
which the prisoner filed in the previous five years in any state or
 
federal court and that a prisoner file a certified statement by the
 
prison cashier setting forth the balance in the prisoner's private
 
account for each of the preceding six months. Although Whitlow
 
appears to support his complaint with an affidavit of prior
 
lawsuits, relator has failed to comply with both of these
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
requirements. Compare State v. Johnson, Cuyahoga App. No. 82251,
 
2003-Ohio-1848.
 
     Similarly, relator has failed to comply with Loc.App.R.
 
45(B)(1)(a), which requires that complaints in original actions be
 
supported by an affidavit from the plaintiff or relator specifying
 
the details of the claim.     State ex rel. Hightower v. Russo ,
 
Cuyahoga App. No. 82321, 2003-Ohio-3679. We also note that relator
 
called his filing "PETITION FOR WRIT OF MANDAMUS MOTION TO COMPEL."
 
An action in mandamus may not be commenced by a motion. State ex
 
rel. Dept. Of Rehab. and Corr. v. Horton, Cuyahoga App. No. 82705,
 
2003-Ohio-2755.   Each of these defects provides a basis for
 
dismissal of the complaint in mandamus.
 
     Accordingly, respondent's motion for summary judgment is
 
granted. Respondent 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.
 
 
                                     DIANE KARPINSKI, JUDGE
 
 
ANN DYKE, P.J., CONCURS
 
SEAN C. GALLAGHER, J., CONCURS
 
.