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Boles v. Knab

Supreme Court of Ohio
Jun 16, 2011
2011 Ohio 2859 (Ohio 2011)

Summary

affirming dismissal when inmate's affidavit of indigency failed to include a statement setting forth the balance in his inmate account for each of the preceding six months, as certified by the institutional cashier

Summary of this case from State ex rel. Roden v. Ohio Dep't of Rehab. & Corr.

Opinion

No. 2011-0153.

Submitted June 8, 2011.

Decided June 16, 2011.

APPEAL from the Court of Appeals for Ross County, No. 10CA3195.

Shawn R. Boles, pro se.

Michael DeWine, Attorney General, and Elizabeth A. Matune, Assistant Attorney General, for appellee.


{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Shawn R. Boles, for a writ of habeas corpus. "The requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects an inmate's action to dismissal." State ex rel. White v. Bechtel, 99 Ohio St.3d 11, 2003-Ohio-2262, 788 N.E.2d 634, ¶ 5; State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830, ¶ 1. Boles's petition included an affidavit of indigency' and sought waiver of prepayment of the court's filing fees, but failed to include in his affidavit of indigency a statement setting forth the balance in his inmate account for each of the preceding six months, as certified by the institutional cashier, in violation of R.C. 2969.25(C).

{¶ 2} Boles instead sought leave to file a delayed R.C. 2969.25(C) statement, but delayed statements are not permitted by the statute. R.C. 2969.25(C); see also Fuqua v. Williams, 100 Ohio St.3d 211, 2003-Ohio-5533, 797 N.E.2d 982, ¶ 9.

{¶ 3} Boles asserts that this requirement is unconstitutional, but he fails to rebut the presumed constitutionality of R.C. 2969.25. See Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318, 942 N.E.2d 370, ¶ 6 (statutes are presumed constitutional and will not be invalidated unless the challenger establishes that the legislation is unconstitutional beyond a reasonable doubt).

{¶ 4} Boles further claims that an internal prison policy that has been in effect for over ten years prevented him from complying with the requirement of R.C. 2969.25(C) when he filed his habeas corpus petition. But Boles could have forwarded his petition and other documents to be filed with the affidavit of indigency and cashier's certification to the cashier so that the cashier could have mailed all of the pertinent documents to the clerk of the Ross County Court of Appeals. The policy did not prevent Boles's compliance with the requirement.

According to Boles, the policy requires inmates to forward all in forma pauperis and indigency forms to the prison cashier along with an envelope addressed to the applicable court so that the cashier can sign the forms and the six-month certification of the inmate account and mail them directly to the court.

{¶ 5} Therefore, the court of appeals did not err in dismissing Boles's petition for failure to comply with R.C. 2969.25.

We deny appellant's motion to strike appellee's merit brief.

Judgment affirmed.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur.


Summaries of

Boles v. Knab

Supreme Court of Ohio
Jun 16, 2011
2011 Ohio 2859 (Ohio 2011)

affirming dismissal when inmate's affidavit of indigency failed to include a statement setting forth the balance in his inmate account for each of the preceding six months, as certified by the institutional cashier

Summary of this case from State ex rel. Roden v. Ohio Dep't of Rehab. & Corr.

In Boles v. Knab, 129 Ohio St.3d 222, 2011-Ohio-2858, 951 N.E.2d 389, the Ohio Supreme Court explained that delayed statements setting forth the account balance for a six-month period are not permitted by R.C. 2969.25(C).

Summary of this case from Jackson v. May
Case details for

Boles v. Knab

Case Details

Full title:BOLES, APPELLANT, V. KNAB, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Jun 16, 2011

Citations

2011 Ohio 2859 (Ohio 2011)
2011 Ohio 2859
951 N.E.2d 389

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