2015 Ohio 3414
Ohio Ct. App.2015Background
- Relator John L. Turner, Jr., incarcerated, filed a petition for a writ of mandamus against Maureen G. Kelly, Clerk of Courts for the Lake County Court of Common Pleas, asking that she be required to file his future filings in the proper court.
- Turner previously intended to file a habeas corpus petition in the Eleventh District but the clerk initially misfiled it in the trial court; Judge Lucci later ordered the clerk to file it in this court, and the habeas petition was dismissed on the merits in Turner v. Coulson.
- Turner brought the mandamus action after the clerk had already corrected the misfiling; he also sought monetary relief under R.C. 2725.21 and 2725.22.
- The clerk moved to dismiss for failure to state a claim, asserting procedural defects and lack of entitlement to the requested relief.
- The court dismissed the mandamus petition on multiple procedural grounds and on the merits because the allegedly compelled act had already been performed; monetary relief was not available.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mandamus petition was properly captioned under R.C. 2731.04 | Turner filed in his individual capacity rather than "in the name of the state on the relation of" him | Clerk argued the caption was defective and warrants dismissal | Dismissed for improper captioning; petition must be in state’s name on relation of relator |
| Whether the complaint caption included required addresses under Civ.R. 10(A) | Turner’s petition omitted his address in the caption | Clerk argued omission violates Civ.R. 10(A) and supports dismissal | Dismissed for failure to include parties’ addresses in the caption |
| Compliance with R.C. 2969.25(A) (affidavit identifying prior civil actions) | Turner submitted an affidavit that lacked required descriptions and party names | Clerk argued the affidavit was legally insufficient under R.C. 2969.25(A) | Dismissed: R.C. 2969.25(A) requirements mandatory; noncompliance subjects action to dismissal |
| Compliance with R.C. 2969.25(C) (account statement when seeking fee waiver) and availability of relief where act already performed | Turner sought relief for past misfiling and monetary damages | Clerk argued Turner failed to file certified inmate account statements and the clerk already filed the habeas petition in this court, so mandamus is moot | Dismissed: failure to file required account statements is fatal; mandamus won't compel an act already performed; no entitlement to monetary award |
Key Cases Cited
- Maloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226 (1962) (failure to properly caption an original action supports dismissal)
- State ex rel. White v. Bechtel, 99 Ohio St.3d 11 (2003) (R.C. 2969.25 requirements for inmate filings are mandatory and noncompliance can result in dismissal)
- Hazel v. Knab, 130 Ohio St.3d 22 (2011) (failure to file inmate account statement under R.C. 2969.25(C) at initial filing is incurable and requires dismissal)
- State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278 (1996) (mandamus cannot compel performance of an act that has already been performed)