COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 84330
 
 
KENNETH BOOKER               :         ORIGINAL ACTION
                             :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
LEIF B. CHRISTMAN, ATTORNEY  :
                             :
          Respondent         :
 
DATE OF JOURNALIZATION:           JUNE 4, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Dismissed
                                  Order No. 358193
                                  Motion No. 358669
 
APPEARANCES:
 
For Relator:                      KENNETH BOOKER, PRO SE
                                  Inmate No. A241-957
                                  Grafton Correctional Inst.
                                  2500 South Avon Belden Road
                                  Grafton, OH 44044
 
 
For Respondent:                   LEIF B. CHRISTMAN
                                  1370 Ontario Street
                                  2000 Standard Building
                                  Cleveland, OH 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
Administrative Judge Michael J. Corrigan:
 
    Sua Sponte, we dismiss Kenneth Booker's pro se complaint, as
 
filed on March 12, 2004, which requests that this court issue a
 
writ of mandamus ordering Attorney Leif B. Christman to release
 
Booker's case file in State v. Booker, Cuyahoga County Court of
 
Common Pleas, Case No. 267018.
 
    Mandamus will not lie to enforce a private right against a
 
private person as Booker is attempting. State ex rel. Longacre v.
 
Penton Publishing Co. (1997), 77 Ohio St.3d 266, 673 N.E.2d 1297;
 
State ex rel. Russell v. Duncan (1992), 64 Ohio St.3d 538, 597
 
N.E.2d 142.
 
    Furthermore, we find that Booker's petition is defective since
 
it is improperly captioned. The complaint for an extraordinary
 
writ must be brought by petition, in the name of the state on
 
relation of the person applying. Booker 's failure to properly
 
caption his petition for a writ of mandamus constitutes sufficient
 
reason for dismissal. Allen v. Court of Common Pleas of Allen City
 
(1962), 173 Ohio St. 226, 181 N.E.2d 270; Dunning v. Judge Cleary,
 
et al. (Jan. 11, 2001), Cuyahoga App. No. 78763.
 
    Booker also failed to comply with R.C. 2969.25 which mandates
 
that he attach an affidavit to his complaint that describes each
 
civil action or appeal of a civil action filed in the previous five
 
years. The failure to provide such affidavit constitutes
 
sufficient grounds for dismissal of the relator's complaint for a
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
writ of mandamus. State ex rel. Zanders v. Ohio Parole Board
 
(1998), 82 Ohio St.3d 421, 696 N.E.2d 594; State ex rel. Alford v.
 
Winters (1997), 80 Ohio St.3d 285, 685 N.E.2d 1242.
 
    Accordingly, we dismiss this action sua sponte. Relator to
 
pay 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.
 
 
 
 
                                   MICHAEL J. CORRIGAN,
                                   ADMINISTRATIVE JUDGE
 
DIANE KARPINSKI, J., CONCURS
 
TIMOTHY E. MCMONAGLE, J., CONCURS
 
.