COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85554
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
JAMES A. TAYLOR              :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
HON. MICHAEL J. RUSSO        :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           JANUARY 14, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Dismissed.
                                  Motion No. 367509
                                  Order No. 367654
 
 
 
APPEARANCES:
 
For Relator:                      JAMES A. TAYLOR, pro se
                                  Inmate No. 471-447
                                  Marion Correctional Inst.
                                  P.O. Box 57
                                  Marion, Ohio 43301-0057
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: JON W. OEBKER
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
Judge Michael J. Corrigan:
 
     On November 17, 2004, relator, James A. Taylor, commenced this
 
mandamus action against the respondent, Judge Michael J. Russo, to
 
compel him to rule on his motion for jail-time credit in State v.
 
Taylor, Cuyahoga County Court of Common Pleas Case No. CR-430580.
 
On January 4, 2005, the respondent, through the Cuyahoga County
 
Prosecutor, filed a motion for summary judgment.
 
     Attached to the respondent's motion for summary judgment is a
 
copy of the court's journal entries which grant Taylor an
 
additional thirty-five days of jail time credit for a total jail
 
time credit of eighty-five days. Thus, Taylor's request for a writ
 
of mandamus is moot. State ex rel. Gantt v. Coleman (1983), 6 Ohio
 
St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga
 
County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d
 
723.
 
     Furthermore, we find that relator has 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 writ of mandamus. State ex rel. Zanders
 
v. Ohio Parole Board, 82 Ohio St.3d 421, 1998-Ohio-218, 696 N.E.2d
 
594; State ex rel. Alford v. Winters, 80 Ohio St.3d 285, 1997-Ohio-
 
117, 685 N.E.2d 1242.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
    Accordingly, we grant the respondent 's motion for summary
 
judgment. Relator to bear 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
                                              JUDGE
 
ANN DYKE, P.J., CONCURS
 
KENNETH A. ROCCO, J., CONCURS
 
 
 
.