COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 84348
 
 
 
 
TIMOTHY M. NASH                :         PETITION FOR WRIT
                               :           OF MANDAMUS
          Relator              :
                               :           JOURNAL ENTRY
     vs.                       :
                               :                AND
TIMOTHY McGINTY                :
                               :              OPINION
          Respondent           :
 
 
 
DATE OF JOURNALIZATION:                 MAY 17, 2004
 
 
JUDGMENT:                      DISMISSED.
                               Motion No. 359481
 
APPEARANCES:
 
 
For relator:                   TIMOTHY M. NASH
                               Cuyahoga County Jail
                               P. O. Box 5600
                               Cleveland, Ohio 44101
 
For respondent:                WILLIAM D. MASON
                               Cuyahoga County Prosecutor
                               9th Floor justice Center
                               1200 Ontario Street
                               Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
PATRICIA ANN BLACKMON, J.:
 
     Timothy M. Nash has filed a complaint for a writ of mandamus.
 
Nash seeks an order from this court which requires Judge Timothy J.
 
McGinty to grant a motion to withdraw a plea of guilty as filed in
 
State v. Nash, Cuyahoga County Court of Common Pleas Case No. CR-
 
444014. Sua sponte, we dismiss Nash 's complaint for a writ of
 
mandamus.
 
     Initially, we find that Nash's 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 Nash 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. Anderson has also 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 Anderson within the previous five years
 
in any state or federal court. Anderson's 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. It must also be
 
noted that Nash has failed to comply with Loc.App.R. 45(B)(1)(a)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
which mandates that the complaint must be supported by an affidavit
 
which specifies the details of the claim. The failure of Nash to
 
comply with the supporting affidavit requirement of Loc.App.R.
 
45(B)(1)(a) requires dismissal of the complaint for a writ of
 
mandamus.   State ex rel. Smith v. McMonagle (Jul 17, 1996),
 
Cuyahoga App. No. 70899; State ex rel. Wilson v. Calabrese (Jan.
 
18, 1996), Cuyahoga App. NO. 70077. Finally, a review of the
 
docket in State v. Nash, supra, fails to disclose that Nash filed
 
a motion to withdraw his plea of guilty. Thus, Judge McGinty
 
possesses no duty to issue a ruling with regard to a non-existent
 
motion to withdraw plea of guilty. Cf. State ex rel. Jerningham v.
 
Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278,
 
1996-Ohio-117, 658 N.E.2d 723;   State ex rel. Gantt v. Coleman
 
(1983), 6 Ohio St.3d 5, 450 N.E.2d 1163..
 
     Accordingly, we dismiss Nash's complaint for a writ of
 
mandamus. Costs to Nash. It is further ordered that the Clerk of
 
the Eighth District Court of Appeals serve copies of this judgment
 
upon all parties as required by Civ.R. 58(B).
 
     Complaint dismissed.
 
 
 
MICHAEL J. CORRIGAN, A.J., and
 
DIANE KARPINSKI, J., CONCUR.
 
 
                                       PATRICIA ANN BLACKMON
                                               JUDGE
 
 
 
.