State ex rel. Wolfe v. Ohio Adult Parole Auth.
2017 Ohio 5658
| Ohio Ct. App. | 2017Background
- Relator Javelen Wolfe, an inmate, filed an original action for a writ of mandamus (March 14, 2017) asking the Ohio Adult Parole Authority to hold a parole hearing compliant with R.C. 2967.03.
- Wolfe moved to proceed in forma pauperis and submitted an affidavit of indigency executed March 8, 2017.
- He attached a four-page "Madison Correctional Institution, Inmate Demand Statement" dated for the range 07/30/2016 through 01/31/2017 and a certification page from the institutional cashier reflecting activity through 1/31/2017.
- The cashier statement did not show the inmate-account balance for February 2017, the month immediately preceding Wolfe’s March 14 filing.
- The magistrate recommended sua sponte dismissal for failure to comply with R.C. 2969.25(C)(1); the court adopted the magistrate’s decision and dismissed the action, overruling Wolfe’s objections and rendering moot his summary-judgment motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wolfe satisfied R.C. 2969.25(C)(1) by filing indigency papers and a cashier-certified statement | Wolfe argued he made a good-faith effort and obtained the cashier certification during February 2017, so he substantially complied | Respondent argued Wolfe failed to file a cashier-certified statement showing the account balance for the six preceding months (including February 2017) as required | Court held Wolfe failed to comply with R.C. 2969.25(C)(1); dismissal required |
| Whether the court must give Wolfe an opportunity to pay fees instead of dismissing when indigency papers are defective | Wolfe implied his procedural efforts entitled him to relief | Respondent maintained no obligation to allow payment when the filer requested fee-waiver but failed to comply with statutory filing requirements | Court followed precedent: dismissal appropriate without offering chance to pay because Wolfe requested waiver and failed to establish indigency |
Key Cases Cited
- State ex rel. Pamer v. Collier, 108 Ohio St.3d 492 (2006) (failure to include the balance for the month immediately preceding filing in cashier statement warrants dismissal)
- State ex rel. Hall v. Mohr, 140 Ohio St.3d 297 (2014) (R.C. 2969.25 requirements are mandatory; noncompliance requires dismissal)
- State ex rel. Washington v. Ohio Adult Parole Auth., 87 Ohio St.3d 258 (1999) (statutory filing requirements for inmate civil actions are mandatory)
- Al'Shahid v. Cook, 144 Ohio St.3d 15 (2015) (court enforces mandatory compliance with R.C. 2969.25)