State ex rel. Morrison v. Bradshaw

[Cite as State ex rel. Morrison v. Bradshaw, 2016-Ohio-2789.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE ex rel. : JUDGES:
JAMES F. MORRISON
: Hon. John W. Wise, P.J.
Relator : Hon., Patricia A. Delaney, J.
: Hon., Craig R. Baldwin, J.
-vs- :
:
MARGARET BRADSHAW, WARDEN : Case No. 15CA50
RICHLAND CORRECTIONAL INST. :
:
Respondent : OPINION
CHARACTER OF PROCEEDING: PETITION FOR
WRIT OF MANDAMUS
JUDGMENT: DISMISSED
DATE OF JUDGMENT: April 28, 2016
APPEARANCES:
For Respondent For Relator
William D. Maynard (0037260) James F. Morrison, Pro Se
Assistant Attorney General Ohio Inmate I.D. No. A667172
Criminal Justice Section Richland Correctional Institution
Corrections Unit 1001 Olivesburg Road
150 East Gay Street, 16th Floor P.O. Box 8107
Columbus, OH 43215 Mansfield, OH 44901-8107
Richland County, Case No. 15CA50 2
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.
Richland County, Case No. 15CA50 3
{¶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.