Opinion
Case No. 15CA50
04-28-2016
STATE ex rel. JAMES F. MORRISON Relator v. MARGARET BRADSHAW, WARDEN RICHLAND CORRECTIONAL INST. Respondent
APPEARANCES: For Respondent William D. Maynard (0037260) Assistant Attorney General Criminal Justice Section Corrections Unit 150 East Gay Street, 16th Floor Columbus, OH 43215 For Relator James F. Morrison, Pro Se Ohio Inmate I.D. No. A667172 Richland Correctional Institution 1001 Olivesburg Road P.O. Box 8107 Mansfield, OH 44901-8107
JUDGES: Hon. John W. Wise, P.J. Hon., Patricia A. Hon., Craig R. Baldwin, J.
OPINION
CHARACTER OF PROCEEDING: PETITION FOR WRIT OF MANDAMUS JUDGMENT: DISMISSED APPEARANCES: For Respondent William D. Maynard (0037260)
Assistant Attorney General
Criminal Justice Section
Corrections Unit
150 East Gay Street, 16th Floor
Columbus, OH 43215 For Relator James F. Morrison, Pro Se
Ohio Inmate I.D. No. A667172
Richland Correctional Institution
1001 Olivesburg Road
P.O. Box 8107
Mansfield, OH 44901-8107 Delaney, J.
{¶1} Relator has filed a Petition for writ of mandamus requesting this court issue a writ compelling the Respondent to comply with Ohio Administrative rule 5120-9-24 and in the alternative, to provide Relator with certain public records. Respondent has filed a motion to dismiss alleging Relator has failed to meet the technical requirements for filing a writ of mandamus. Respondent also argues the petition fails to state a claim upon which relief may be granted because Relator has or had an adequate remedy at law which would preclude the issuance of the writ.
{¶2} Relator has failed to comply with R.C. 2969.25(A), which provides that an inmate commencing a civil action against a government entity or employee must file an affidavit that contains a description of each civil action or appeal of a civil action filed in the previous five years in any state or federal court. State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830.
{¶3} Further, Relator has failed to comply with R.C. 2969.25(C)(1), which mandates that he file a statement setting forth his inmate account balance "for each of the preceding six months, as certified by the institutional cashier." State ex rel. Jackson v. Calabrese, 143 Ohio St.3d 409, 2015-Ohio-2918, 38 N.E.3d 880; State ex rel. Castro v. Corrigan, 129 Ohio St.3d 342, 2011-Ohio-4059, 952 N.E.2d 497.
{¶4} " 'The requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects an inmate's action to dismissal.' " Boles v. Knab, 129 Ohio St.3d 222, 2011-Ohio-2859, 951 N.E.2d 389, ¶ 1, quoting 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.
{¶5} Because Relator has failed to comply with R.C. 2969.25, we grant the motion to dismiss. Having determined the petition is procedurally defective, we need not address the remaining issues raised in the motion to dismiss. By Delaney, J. Wise, P.J. and Baldwin, J. concur.