COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85724
 
 
ELDRIDGE PAIGE               :         ORIGINAL ACTION
                             :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
ADULT PAROLE AUTHORITY       :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           FEBRUARY 22, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Dismissed.
                                  Motion No. 367769
                                  Order No. 368733
 
 
 
APPEARANCES:
 
For Relator:                      ELDRIDGE PAIGE, pro se
                                  Inmate No. 356-203
                                  Mansfield Correctional Inst.
                                  P.O. Box 788
                                  Mansfield, Ohio 44901
 
 
For Respondent:                   MARK J. ZEMBA
                                  Assistant Attorney General
                                  State Office Bldg. 11th Floor
                                  615 West Superior Avenue
                                  Cleveland, Ohio 44113-1899
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
Frank D. Celebrezze, Jr., J.:
 
     Eldridge Paige has filed a complaint for a writ of mandamus.
 
Paige seeks monetary damages as a result of the alleged negligent
 
conduct of Parole Officer Tidmore, an employee of the Ohio Adult
 
Parole Authority ("OAPA"). OAPA has filed a motion to dismiss
 
which we grant for the following reasons.
 
     Initially, we find that Paige's petition for a writ of
 
mandamus 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. The
 
failure of Paige to properly caption his petition for a writ of
 
mandamus constitutes sufficient reason for dismissal.     Allen v.
 
Court of Common Pleas of Allen Cty. (1962), 173 Ohio St. 226, 181
 
N.E.2d 270; Dunning v. Judge Cleary, et al., (Jan. 11, 2001),
 
Cuyahoga App. No. 78763.
 
     Paige  has   also  failed  to   comply  with   the  mandatory
 
requirements of R.C. 2969.25(A). An inmate, when filing a civil
 
action against a government entity or employee, must also file an
 
affidavit which contains a description of each civil action or
 
appeal of a civil action that has been docketed in the previous
 
five (5) years in either state or federal court.     State ex rel.
 
Akbar-El v. Cuyahoga Cty. Court of Common Pleas, 94 Ohio St.3d 210,
 
2002-Ohio-475, 761 N.E.2d 624; State ex rel. Sherrills v. Franklin
 
Cty. Clerk of Courts, 92 Ohio St.3d 402, 2001-Ohio-211, 750 N.E.2d
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
94. It must also be noted that Paige has failed to comply with
 
Loc.App.R. 45(B)(1)(a) which provides that a complaint for an
 
extraordinary writ must be supported by an affidavit which
 
specifies the details of the claim. State ex rel. McCool v. Adult
 
Parole Authority (Mar. 5, 1998), Cuyahoga App. No. 73487.
 
     Finally, Paige has failed to state a claim upon which relief
 
can be granted. In order for this court to issue a writ of
 
mandamus, Paige must establish that: (1) he possesses a clear legal
 
right to the relief prayed; (2) OAPA possesses a clear legal duty
 
to perform the acts requested; and (3) there exists no plain and
 
adequate remedy in the ordinary course of the law. State ex rel.
 
Harris v. Rhodes (1978), 54 Ohio St.2d 41, 3734 N.E.2d 641; State
 
ex rel. National City Bank v. Bd. of Education (1977), 52 Ohio
 
St.2d 81, 369 N.E.2d 1200. Paige has failed to establish that he
 
possesses any right or that OAPA owes any duty as a result of the
 
alleged negligent conduct of Parole Officer Tidmore. In addition,
 
an action for monetary damages, as brought against the State of
 
Ohio or its employees, must originally be brought in the Court of
 
Claims. R.C. 2743.01; R.C. 2743.02;    Conley v. Shearer, 64 Ohio
 
St.3d 284, 1992-Ohio-133, 595 N.E.2d 862; State ex rel. Sanquily v.
 
Lucas Cty. Court of Common Pleas (1991), 60 Ohio St.3d 78, 573
 
N.E.2d 606.
 
     Accordingly , we grant the motion to dismiss. Costs to Paige.
 
It is further ordered that the Clerk of the Eighth District Court
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                              -4-
 
of Appeals serve notice of this judgment upon all parties.
 
    Dismissed.
 
 
 
 
                                    FRANK D. CELEBREZZE, JR.
                                             JUDGE
 
PATRICIA A. BLACKMON, A.J., CONCURS
 
KENNETH A. ROCCO, J., CONCURS
 
.