COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 84300
 
 
ANDREW GALES                 :         ORIGINAL ACTION
                             :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
STATE OF OHIO                :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           APRIL 30, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Complaint Dismissed.
                                  Motion No. 358479
 
 
 
APPEARANCES:
 
For Relator:                      ANDREW GALES, PRO SE
                                  Cuyahoga County Jail
                                  P.O. Box 5600
                                  Cleveland, Ohio 44101
 
 
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  BY: AMY VENEHILE
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 2
 
ANN DYKE, J.:
 
     Andrew Gales has filed a complaint for a writ of mandamus.
 
Gales seeks and order from this court which requires Judge Lillian
 
J. Greene to dismiss the indictment, as returned in State v. Gales,
 
Cuyahoga County Court of Common Pleas case No. CR-442239, on the
 
basis of a lack of speedy trial as guaranteed by R.C. 2945.73. In
 
addition, Gales seeks an order which requires Judge Greene to issue
 
findings of fact and conclusions of law with regard to the denial
 
of a "motion to dismiss felony charges for delay of trial". Judge
 
Greene has filed a motion to dismiss which we grant for the
 
following reasons.
 
     Initially, we find that Gales' complaint for a writ of
 
mandamus is defective since it is improperly captioned. A
 
complaint for a writ of mandamus must be brought in the name of the
 
state, on relation of the person applying. The failure of Gales to
 
properly caption his complaint for a writ of mandamus warrants
 
dismissal. Maloney v. Court of Common Pleas of Allen Cty. (1962),
 
173 Ohio St. 226, 181 N.E.2d 270; Dunning v. Judge Cleary (Jan. 11.
 
2001), Cuyahoga App. No. 78763. In addition, Gales has failed to
 
comply with R.C. 2969.25 which requires the attachment of an
 
affidavit to the complaint for a writ of mandamus that describes
 
each civil action or appeal filed by Gales within the previous five
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 3
 
years in any state or federal court. Gales' failure to comply with
 
R.C. 2969.25 warrants the dismissal of the 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.
 
     Finally, a complaint for a writ of mandamus may not be
 
employed to challenge the denial of a person's right to speedy
 
trial. Speedy trial issues can only be addressed through a direct
 
appeal following trial.   State ex rel. Baker v. Hair (1986), 31
 
Ohio App.3d 141, 509, N.E.2d 90;     State ex rel. Dix v. Judge
 
Angelotta (1985), 18 Ohio St.3d 115, 480, N.E.2d 407. See, also,
 
State ex rel. Dunn v. Callahan, Cuyahoga App. No. 83451, 2003-Ohio-
 
6182: State ex rel. Campbell v. Gilligan (Feb. 1, 2001), Cuyahoga
 
App. No. 78725. It must also be noted that Judge Greene possesses
 
no duty to issue findings of fact and conclusions of law with
 
regard to the denial of the motion to dismiss as based upon a lack
 
of speedy trial. Cf. State ex rel. Jerningham v. Cuyahoga County
 
Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723;
 
State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d
 
1163.
 
     Accordingly, we grant Judge Greene's motion to dismiss. Costs
 
to Gales. In addition, the Clerk of the Eighth District Court of
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                4
 
Appeals is ordered to serve a copy of this judgment on all parties
 
as required by Civ.R. 58(B).
 
    Complaint dismissed.
 
 
                                        ANN DYKE, JUDGE
 
 
ANNE L. KILBANE, P.J., CONCURS
 
KENNETH A. ROCCO, J., CONCURS
 
 
 
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