State ex rel. Kimble v. Bur. of Sentence Computation
2016 Ohio 7409
| Ohio Ct. App. | 2016Background
- Relator Moses Kimble, pro se, filed an original action for a writ of mandamus asking the court to order the Ohio Department of Rehabilitation and Correction to recalculate his sentence, asserting his term expired June 2017 rather than January 2018.
- Attached documents: the trial court’s January 11, 2016 judgment entry stating Kimble was ordered to serve the balance of a previously imposed three-year sentence (originally imposed Sept. 23, 2014), and a DRC record showing a stated term exp. date of Jan. 25, 2018 and an 80% release eligibility date of June 30, 2017.
- Kimble filed an Affidavit of Indigent and an affidavit seeking waiver of filing fees under R.C. 2969.25, but did not include the required certified inmate-account statement from the institutional cashier or the six-month account balances.
- The court applied R.C. 2969.25(C), which requires an inmate seeking fee-waiver to attach a cashier-certified statement of the inmate-account balances for the preceding six months.
- The court dismissed the mandamus petition sua sponte for failure to comply with R.C. 2969.25(C)(1) and ordered Kimble to pay costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should compel DRC to recalculate Kimble’s sentence (mandamus) | Kimble: his sentence expires June 2017, so DRC should recalculate and adjust release date | DRC: (no substantive response in record); court relied on procedural defect under R.C. 2969.25 | Petition dismissed for procedural noncompliance with R.C. 2969.25(C)(1) |
| Whether Kimble qualified for waiver of filing fees without certified inmate-account statement | Kimble: submitted affidavits asserting indigence and requested waiver | State/statute: waiver requires affidavit showing six-month balances certified by institutional cashier | Court held waiver requirements not met; dismissal required under precedent |
Key Cases Cited
- State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 914 N.E.2d 402 (Ohio 2009) (pro se litigants held to same procedural standards as represented parties)
- State ex rel. McGrath v. McDonnell, 935 N.E.2d 830 (Ohio 2010) (mandamus complaint dismissed where inmate failed to file cashier-certified inmate-account affidavit)
- State ex rel. Castro v. Corrigan, 952 N.E.2d 497 (Ohio 2011) (affidavit of indigency lacking certified inmate-account statement warrants dismissal)