2020 Ohio 2695
Ohio Ct. App.2020Background
- Relator Kimani Ware, an inmate at Trumbull Correctional Institution, filed an original mandamus action on December 16, 2019, seeking records from the Bureau of Sentence Computation under Ohio's Public Records Act.
- At filing Ware submitted an affidavit of indigency and a certified cashier statement, plus an affidavit listing prior civil actions.
- The certified cashier statement summarized a six-month period but did not state the account balance for each of the six months as certified by the institutional cashier, and the affidavit omitted a statement of all other cash/things of value.
- Ware's list of prior civil actions omitted brief descriptions of the nature of each case required by R.C. 2969.25(A)(1).
- The magistrate recommended sua sponte dismissal for failure to comply with R.C. 2969.25(C); the court modified the magistrate's decision to add failure under R.C. 2969.25(A)(1), adopted the decision, overruled Ware's objection, dismissed the petition, denied Ware's default-motion as moot, and ordered Ware to pay costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ware complied with R.C. 2969.25(C)(1) (affidavit of indigency / certified six-month balances) | Ware argued his cashier statement and affidavit satisfied the requirement | BOSC contended Ware's submission did not set forth the balance for each of the six preceding months as certified by the cashier | Court held Ware failed to comply; dismissal warranted (statutory requirements mandatory) |
| Whether Ware complied with R.C. 2969.25(A)(1) (affidavit listing prior civil actions) | Ware argued he provided a list of prior cases | BOSC (and court) noted the list lacked a brief description of the nature of each case as required | Court held the affidavit did not satisfy R.C. 2969.25(A)(1); dismissal proper |
Key Cases Cited
- State ex rel. Foster v. Belmont Cty. Court of Common Pleas, 837 N.E.2d 777 (Ohio 2005) (requires certified statement of account balances for each of the six months; failure warrants dismissal)
- State ex rel. White v. Bechtel, 788 N.E.2d 634 (Ohio 2003) (R.C. 2969.25 requirements are mandatory; noncompliance subjects action to dismissal)
- State ex rel. Washington v. Crush, 831 N.E.2d 432 (Ohio 2005) (motion for reconsideration is a nullity when action was originally filed in the court of appeals)