State ex rel. Swain v. Adult Parole Auth. (Slip Opinion)
2017 Ohio 9175
| Ohio | 2017Background
- Sean Swain, an inmate, filed a mandamus action in the Tenth District Court of Appeals seeking expungement of allegedly inaccurate parole records and a meaningful parole opportunity.
- Swain moved to proceed in forma pauperis and submitted an affidavit of indigency stating a certified institutional cashier’s statement was attached, but no certified statement was filed with the complaint.
- He later attempted to cure the defect by filing another affidavit and an uncertified six‑month account statement from the prison.
- R.C. 2969.25(C) requires inmates seeking fee-waiver relief to attach a six‑month inmate‑account balance statement certified by the institutional cashier.
- The court of appeals dismissed Swain’s petition for failure to comply with R.C. 2969.25(C); the Supreme Court of Ohio affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Swain complied with R.C. 2969.25(C)’s certification requirement for a six‑month account statement | Swain asserted he was indigent and later provided a six‑month account statement | The Authority argued Swain failed to attach the statutorily required cashier‑certified statement at filing | Court held noncompliance was fatal; dismissal appropriate because no certified statement was attached |
| Whether belated submission or an uncertified statement cures initial noncompliance | Swain argued his subsequent filing remedied the defect | The Authority argued statutory requirements are mandatory and cannot be cured after filing | Court held belated cure or uncertified statement does not excuse noncompliance; defect cannot be cured post‑filing |
Key Cases Cited
- State ex rel. Pamer v. Collier, 108 Ohio St.3d 492 (2006) (failure to comply with R.C. 2969.25 is fatal to inmate mandamus actions)
- State ex rel. White v. Bechtel, 99 Ohio St.3d 11 (2003) (mandatory nature of R.C. 2969.25 requirements warrants dismissal for noncompliance)
- Fuqua v. Williams, 100 Ohio St.3d 211 (2003) (later attempts to cure initial noncompliance do not excuse failure to comply at filing)
- State ex rel. Ridenour v. Brunsman, 117 Ohio St.3d 260 (2008) (account statement not certified by institutional cashier cannot satisfy R.C. 2969.25(C))