COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83986
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
WILLIAM A. PATTERSON, JR.    :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE JOSEPH D. RUSSO        :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           FEBRUARY 2, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Dismissed.
                                  Motion No. 355961.
 
 
APPEARANCES:
 
For Relator:                 WILLIAM A. PATTERSON, JR., pro se
                             Cuyahoga County Jail
                             P.O. Box 5600
                             Cleveland, Ohio 44101
 
For Respondent:              WILLIAM D. MASON, ESQ.
                             Cuyahoga County Prosecutor
                             Justice Center - 9th Floor
                             1200 Ontario Street
                             Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
Judge Frank D. Celebrezze, Jr.:
 
     On December 24, 2003 petitioner, William A. Patterson, Jr.,
 
commenced this mandamus action. In his petition, he asks this
 
court to compel Judge Joseph D. Russo to dismiss the indictments
 
against him because of purported violations of his Fourth Amendment
 
rights by using his photograph; because the prosecution failed to
 
produce key witnesses; and because the evidence is insufficient.
 
For the following reasons, we sua sponte dismiss the petition.
 
     In State ex rel. Patterson, Jr. v. Russo (Dec. 5, 2003),
 
Cuyahoga App. No. 83621, Patterson sought to overturn Judge
 
Joseph D. Russo's denial of his motion to suppress thereby allowing
 
the prosecution to use a photo array in State v. Patterson,
 
Cuyahoga County Court of Common Pleas, Case Nos. 437813, 436959.
 
In dismissing Patterson's mandamus action, we found that Patterson
 
had an adequate remedy at law by way of appeal.
 
     In this matter, we again find that Patterson has a plain and
 
adequate remedy at law through a direct appeal.      State ex rel.
 
Walker v. Bowling Green (1994), 69 Ohio St.3d 391, 632 N.E.2d 904;
 
State ex rel. Baker v. Schiemann (1993), 67 Ohio St.3d 443, 619
 
N.E.2d 692; State ex rel. Kuczak v. Saffold (1993), 67 Ohio St.3d
 
123, 616 N.E.2d 230. According to his petition, Patterson's trial
 
is currently scheduled for January 6, 2004. If he is convicted,
 
Patterson has the ability to raise these same issues on direct
 
appeal.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
     Additionally, Patterson failed to support his complaint with
 
an affidavit "specifying the details of the claim,"as required by
 
Local Rule 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.
 
     Accordingly, relator's complaint in mandamus is dismissed sua
 
sponte. Relator to bear costs. It is further ordered that the
 
clerk shall serve upon all parties notice of this judgment and date
 
of entry pursuant to Civ.R. 58(B).
 
     Writ dismissed.
 
 
                                  FRANK D. CELEBREZZE, JR.
                                           JUDGE
ANNE L. KILBANE, P.J.,       AND
 
TIMOTHY E. MCMONAGLE, J., CONCUR.
 
.