2013 Ohio 4218
Ohio Ct. App.2013Background
- Relator, an inmate, petitions for a writ of mandamus to stop and recover funds deducted from his inmate account.
- Relator’s complaint was referred to a magistrate who recommended dismissal for failure to comply with R.C. 2969.25.
- R.C. 2969.25 requires an affidavit listing every civil action or appeal filed in the prior five years, with detailed information.
- Relator filed objections arguing for merit-based decision and requesting permission to amend to provide required information.
- The court independently reviewed and found relator failed to file the required affidavit at commencement, satisfying dismissal grounds.
- Relator also sought leave to proceed under R.C. 2323.52; the court found he is not subject to a vexatious-litigant order and denied leave.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must the action be dismissed for failure to file the RC 2969.25(A) affidavit? | Harsh argues he attempted to list actions and should be allowed to amend. | Mohr contends noncompliance is mandatory and warrants dismissal. | Yes; mandatory dismissal for noncompliance. |
| Was the vexatious-litigant application properly denied? | Harsh contends he is not vexatious and should be allowed to proceed. | Mohr asserts Harsh is not subject to an order, but the application is denied based on independent review. | Application denied; not subject to leave to proceed. |
Key Cases Cited
- State ex rel. Evans v. Ohio Adult Parole Auth., 2011-Ohio-2871 (10th Dist. No. 10AP-730, 2011-Ohio-2871) (mandatory affidavit compliance under RC 2969.25)
- State ex rel. Washington v. Ohio Adult Parole Auth., 87 Ohio St.3d 258 (Ohio Supreme Court 1999) (strict application of RC 2969.25; no leeway for noncompliance)
- Fuqua v. Williams, 100 Ohio St.3d 211 (Ohio Supreme Court 2003) (belated filing does not excuse noncompliance)
- Hall v. Collins, 2010-Ohio-3845 (10th Dist.) (documents under RC 2969.25 must be filed at filing)
- State ex rel. Martin v. Ghee, 2002-Ohio- (10th Dist.) (describes sufficiency standards for prior actions under RC 2969.25)