Coppa v. Doherty

[Cite as Coppa v. Doherty, 2022-Ohio-4059.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
NICHOLAS E. COPPA, CASE NO. 2022-P-0045
Relator,
Original Action for Writ of Mandamus
- vs -
JUDGE BECKY L. DOHERTY,
Respondent.
PER CURIAM
OPINION
Decided: November 14, 2022
Judgment: Dismissed
Nicholas E. Coppa, pro se, Portage County Justice Center, 8240 Infirmary Road,
Ravenna, OH 44266 (Relator).
Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna,
OH 44266 (For Respondent).
PER CURIAM.
{¶1} Pending before this court is relator, Nicholas E. Coppa’s, Complaint for Writ
of Mandamus filed on August 19, 2022. Coppa asks this Court to either vacate his
sentence or order his resentencing in State v. Coppa, Portage C.P. No. 2020CR00566,
and require “the judge * * * to justify why consecutive sentences were necessary.”
{¶2} “At the time that an inmate commences a civil action or appeal against a
government entity or employee, the inmate shall file with the court an affidavit that
contains a description of each civil action or appeal of a civil action that the inmate has
filed in the previous five years in any state or federal court.” R.C. 2969.25(A). “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.
{¶3} An original action for mandamus filed in the court of appeals is considered
a “civil action” for the purposes of R.C. 2969.25(A). State ex rel. McGrath v. McDonnell,
126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830, ¶ 3; State ex rel. Hawk v. Athens
Cty., 106 Ohio St.3d 183, 2005-Ohio-4383, 833 N.E.2d 296, ¶ 3.
{¶4} At the time Coppa filed his Complaint, he was an inmate at the Portage
County Jail. Coppa did not attach the affidavit required by R.C. 2969.25(A) to his
Complaint. Accordingly, Coppa’s Complaint is dismissed. State ex rel. McDougald v.
Greene, 155 Ohio St.3d 216, 2018-Ohio-4200, 120 N.E.3d 779, ¶ 6 (“[w]e [the Ohio
Supreme Court] have consistently affirmed the judgments of courts of appeals dismissing
inmates’ civil suits against the government when the complaints or petitions have not
included a complete affidavit of prior actions”); State ex rel. Parker Bey v. Bur. of Sentence
Computation, 166 Ohio St.3d 497, 2022-Ohio-236, 187 N.E.3d 526, ¶ 19.
{¶5} Complaint dismissed.
THOMAS R. WRIGHT, P.J., MATT LYNCH, J., JOHN J. EKLUND, J., concur.
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Case No. 2022-P-0045