COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85810
 
 
STATE OF OHIO, EX REL.:      :         ORIGINAL ACTION
EDWARD STANLEY               :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE PEGGY FOLEY JONES      :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           FEBRUARY 9, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Denied.
                                  Motion No. 368478
                                  Order No. 368498
 
 
 
APPEARANCES:
 
For Relator:                      EDWARD STANLEY, pro se
                                  Inmate No. 442-753
                                  Mansfield Correctional Inst.
                                  P.O. Box 788
                                  Mansfield, Ohio 44901
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY:   RENEE L. SNOW
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
Judge Mary Eileen Kilbane:
 
     On January 13, 2005, relator, Edward Stanley, commenced this
 
mandamus action against respondent, Judge Peggy Foley Jones, to
 
compel her to issue findings of fact and conclusions of law
 
pertaining to his post-conviction relief petition filed in State v.
 
Stanley, Cuyahoga County Court of Common Pleas Case Nos. CR-429283
 
and CR-428085. On February 2, 2005, 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 findings of fact and conclusions of law denying
 
Stanley's post-conviction petition. Thus, Stanley's petition for
 
a writ of mandamus is moot.1     State ex rel. Grant v. Coleman
 
(1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham
 
v. Cuyahoga Cty. Court of Common Pleas , 74 Ohio St.3d 278, 1996-
 
Ohio-117, 658 N.E.2d 723.
 
     We also find that Stanley failed to comply with Loc.App.R.
 
45(B)(1)(a) which provides that all complaints must contain the
 
specific statements of fact upon which the claim of illegality is
 
based and must be supported by an affidavit from the plaintiff or
 
relator specifying the details of the claim. State ex rel. Wilson
 
v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077;    State ex
 
 
 
     1 The Findings of Fact and Conclusions of Law incorrectly
cites Stanley's indictment for two counts of murder as case number
CR-428985. However, a review of the lower docket indicates that
the entry was filed in CR-428085, the correct case number.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899.
 
     Stanley 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
 
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.
 
     Accordingly, we grant the respondent 's motion for summary
 
judgment. Respondent 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 denied.
 
 
 
 
                                         MARY EILEEN KILBANE
                                              JUDGE
 
SEAN C. GALLAGHER, P.J., CONCURS
 
ANTHONY O. CALABRESE, J., CONCURS
 
 
 
.