COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85103
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
DEWIGHT WHITE                :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
RONALD SUSTER, JUDGE         :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           SEPTEMBER 21, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Dismissed.
                                  Motion No. 363092 and 363716
                                  Order No. 363801
 
 
APPEARANCES:
 
For Relator:                      DEWIGHT WHITE
                                  Inmate No. 331-976
                                  Ri.C.I.
                                  P.O. Box 8107
                                  Mansfield, Ohio 44901
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: DIANE SMILANICK
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
Judge Kenneth A. Rocco:
 
     Relator requests that this court compel respondent court to
 
rule on relator's motion for nunc pro tunc to correct erred
 
judgment of sentence, journal entry of March 28, 1996 ("motion for
 
nunc pro tunc") in State v. White, Cuyahoga County Court of Common
 
Pleas Case No. CR-333432. White filed the motion for nunc pro tunc
 
on April 3, 2003. He requests that this court compel respondent
 
judge to rule on the motion for nunc pro tunc.
 
     A review of the docket in Case No. CR-333432 reflects that
 
respondent issued a journal entry denying the motion for nunc pro
 
tunc. The clerk entered that motion on September 7, 2004. As a
 
consequence, this action in mandamus is, therefore, moot.
 
     Additionally, White 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. In his affidavit, White avers "that I
 
have red [sic] the foregoing Complaint and that the Statements and
 
Averments therein contained are true facts to the best of my
 
knowledge and memory." This conclusory statement is not sufficient
 
to satisfy the requirement of Loc.App.R. 45(B)(1)(a) that the
 
affidavit supporting the complaint specify the details of the
 
claim. "The absence of facts specifying the details of the claim
 
required by Loc.App.R. 45(B)(1)(a) is a ground for dismissal.   "
 
State ex rel. Sansom v. Wilkinson, Cuyahoga App. No. 80743, 2002-
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
Ohio-1385, at 7. See also    State v. Sawyer , Cuyahoga App. No.
 
83682, 2004-Ohio-516.
 
     Accordingly, we dismiss this action sua sponte. Respondent to
 
pay costs. The clerk is directed to serve upon the parties notice
 
of this judgment and its date of entry upon the journal. Civ.R.
 
58(B).
 
     Writ dismissed.
 
 
 
 
                                         KENNETH A. ROCCO
                                              JUDGE
 
MICHAEL J. CORRIGAN, A.J., CONCURS
 
ANNE L. KILBANE, J., CONCURS
 
 
 
.