COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 86617
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
BENTLEY AXSON                :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
JUDGE THOMAS J. POKORNY      :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           AUGUST 19, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Complaint Dismissed.
                                  Motion No. 373376
                                  Order No. 374605
 
 
 
APPEARANCES:
 
For Relator:                      BENTLEY AXSON, pro se
                                  Inmate No. 424-617
                                  P. O. Box 788
                                  Mansfield, Ohio 44901
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: T. ALLAN REGAS
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
JUDGE FRANK D. CELEBREZZE, JR.:
 
     Relator requests that this court compel respondent judge to
 
issue findings of fact and conclusions of law with respect to the
 
petition for postconviction relief filed by relator in State v.
 
Axson, Cuyahoga County Court of Common Pleas Case No. CR-402353 on
 
January 21, 2005.
 
     Respondent has filed a motion to dismiss attached to which is
 
a copy of the docket in CR-402353. Relator has not opposed the
 
motion. Respondent argues that he does not have a clear legal duty
 
to issue findings of fact and conclusions of law. We agree.
 
     R.C. 2953.21(A)(2) provides, in pertinent part:
 
     Except as otherwise provided in section 2953.23 of the
     Revised Code, a petition under division (A)(1) of this
     section shall be filed no later than one hundred eighty
     days after the date on which the trial transcript is
     filed in the court of appeals in the direct appeal of the
     judgment of conviction or adjudication ***.
 
The transcript in the direct appeal from Case No. CR-402353, State
 
v. Axson, Cuyahoga App. No. 81231, 2003-Ohio-2182, was filed on
 
June 10, 2002. The petition for postconviction relief was filed on
 
January 21, 2005. The petition was due on or before December 9,
 
2002. Axson has not demonstrated that any exception to the one-
 
hundred-eighty-day requirement applies.
 
     Because the petition was untimely, respondent did not have a
 
clear legal duty to issue findings of fact and conclusions of law.
 
State ex rel. Kimbrough v. Greene, Cuyahoga App. No. 81172, 2002-
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
Ohio-2750, affirmed by 98 Ohio St.3d 116, 2002-Ohio-7042, 781
 
N.E.2d 155; State ex rel. Jackson v. Court of Common Pleas (Aug.
 
31, 2000), Cuyahoga App. No. 77999. As a consequence, denial of
 
relief in mandamus is appropriate.
 
     There are other grounds for denying relief in this action.
 
     "The petition is also deficient in several aspects. As
     was the case in [Griffin v. McFaul, Cuyahoga App. No.
     81658, 2002-Ohio-4929], [petitioner] has failed to:
     support his complaint with an affidavit specifying the
     details  of  the claim as required by Local Rule
     45(B)(1)(a); include the addresses of the parties as
     required by Civ.R. 10(A); ***; and support his complaint
     with the affidavit required by R.C. 2969.25(A). Each of
     these defects is a sufficient ground for dismissal of
     this action."
 
Kittrell v. Adult Parole Auth., Cuyahoga App. No. 81744, 2002-Ohio-
 
5574, at ¶2. Similarly, Axson has not complied with these
 
requirements.
 
     Accordingly, respondent's motion to dismiss is granted.
 
Relator 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).
 
     Complaint dismissed.
 
 
 
 
                                     FRANK D. CELEBREZZE, JR.
                                         PRESIDING JUDGE
 
ANTHONY O. CALABRESE, JR., J., CONCURS
 
MARY EILEEN KILBANE, J., CONCURS
 
 
 
.