COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 84325
 
 
TIMOTHY M. NASH              :         ORIGINAL ACTION
                             :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUSTICES: BLACKMON AND       :
CORRIGAN                     :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           MAY 11, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Dismissed.
                                  Order No. 358606
 
 
APPEARANCES:
 
For Relator:                      TIMOTHY M. NASH
                                  Inmate No. 460-096
                                  Mansfield Correctional Inst.
                                  P.O. Box 788
                                  Mansfield, OH 44901
 
 
For Respondent:                   WILLIAM D. MASON, ESQ.
                                  Cuyahoga County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
FRANK D. CELEBREZZE, JR., J.
 
     Relator, Timothy M. Nash, is the defendant in State v. Nash,
 
Cuyahoga County Court of Common Pleas Case No. CR-444014. Nash
 
appealed Case No. CR-444014 to this court as State v. Nash,
 
Cuyahoga App. No. 84044. By entry received for filing on March 4,
 
2004 (signed by Administrative Judge Michael J. Corrigan with Judge
 
Patricia Blackmon concurring), this court dismissed Case No. 84044
 
for failure to file the record.
 
     In this action, Nash requests that this court compel Judges
 
Corrigan and Blackmon to allow Case No. 84044 to proceed.
 
     By entry dated March 22, 2004 in Case No. 84044, this court
 
reinstated Nash's appeal and granted him leave to file motions for
 
appointment of counsel and preparation of transcript at state's
 
expense. As a consequence, this action is moot.
 
     We also note that the complaint is defective. The caption of
 
the complaint is "Nash v. Blackmon and Corrigan." Yet,       "R.C.
 
2731.04 requires that an application for a writ of mandamus `must
 
be by petition, in the name of the state on the relation of the
 
person applying.' This failure to properly caption a mandamus
 
action is sufficient grounds for denying the writ and dismissing
 
the petition. Maloney v. Court of Common Pleas of Allen County
 
(1962), 173 Ohio St. 226, 181 N.E.2d 270." State v. Klein ,
 
Cuyahoga App. No. 82283, 2003-Ohio-1177, at ¶3.
 
     "* * * Additionally, relator`did not file an R.C. 2969.25(A)
     affidavit describing each civil action or appeal of a civil
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
     action he had filed in the previous five years in any state or
     federal court and also did not file an R.C. 2969.25(C)
     certified statement by his prison cashier setting forth the
     balance in his private account for each of the preceding six
     months.' State ex rel. Hunter v. Cuyahoga Cty. Court of
     Common Pleas (2000), 88 Ohio St.3d 176, 177, 724 N.E.2d 420,
     421. As a consequence, we deny relator's claim of indigency
     and order him to pay costs. Id. at 420."
 
State ex rel. Bristow v. Sidoti (Dec. 1, 2000), Cuyahoga App. No.
 
78708, at 3-4.   Likewise, in this action, relator has failed to
 
support his complaint with the affidavit required by R.C.
 
2969.25(A) , we deny his claim of indigency and order him to pay
 
costs. Additionally, "[t]he failure to comply with R.C. 2969.25
 
warrants dismissal of the complaint for a writ of mandamus. State
 
ex rel. Zanders v. Ohio Parole Board (1998), 82 Ohio St.3d 421, 696
 
N.E.2d 594 and State ex rel. Alford v. Winters (1997), 80 Ohio
 
St.3d 285, 685 N.E.2d 1242." State ex rel. Hite v. State, Cuyahoga
 
App. No. 79734, 2002-Ohio-807, at 6. 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.
 
     Accordingly, we dismiss this action sua sponte. Relator to
 
pay costs. The clerk is directed to serve upon the parties notice
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                              -4-
 
of this judgment and its date of entry upon the journal. Civ.R.
 
58(B).
 
    Writ dismissed.
 
 
                                   FRANK D. CELEBREZZE, JR.
                                            JUDGE
 
ANNE L. KILBANE, P.J., CONCURS
 
KENNETH A. ROCCO, J., CONCURS
 
 
 
.