2013 Ohio 4198
Ohio Ct. App.2013Background
- Relator Terrance Walter, an inmate, filed a complaint for a writ of procedendo asking this court to order the Cuyahoga County Court of Common Pleas to rule on his "motion to remove court costs/fines" in State v. Walter, Cuyahoga C.P. No. CR-485250.
- Walter did not attach a sworn affidavit as required by Loc.App.R. 45(B)(1)(a) describing the details of his claim.
- He failed to comply with R.C. 2969.25(A) by not attaching an affidavit listing civil actions or appeals filed in the prior five years.
- He also failed to comply with R.C. 2969.25(C) by not providing the institutional-cashier-certified six-month account balance and a statement of other assets.
- The trial-court docket showed the motion to remove court costs/fines had already been denied on July 26, 2013, rendering Walter’s requested relief moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether procedendo complaint complied with Loc.App.R. 45(B)(1)(a) (sworn affidavit) | Walter did not present reasons for noncompliance; sought court order compelling trial court to act | Respondent argued procedural noncompliance with local rule supports denial | Court held Walter failed to comply and dismissal is warranted for lack of required sworn affidavit |
| Whether complaint complied with R.C. 2969.25(A) (five-year filings affidavit) | Walter filed complaint without the required five-year civil-action affidavit | Respondent pointed to statutory filing requirement; noncompliance bars relief | Court held Walter failed to comply with R.C. 2969.25(A) and that supports dismissal |
| Whether complaint complied with R.C. 2969.25(C) (inmate-account certification) | Walter did not attach cashier-certified account statement or asset declaration | Respondent asserted statutory requirement for inmate suits should be enforced | Court held failure to comply with R.C. 2969.25(C) warranted dismissal of the complaint |
| Whether relief is moot because trial court already ruled on the underlying motion | Walter sought an order to compel a ruling that he claimed had not been made | Respondent noted the trial-court docket shows the motion was denied July 26, 2013 | Court held the request was moot and denied the writ |
Key Cases Cited
- State ex rel. Zanders v. Ohio Parole Bd., 82 Ohio St.3d 421 (1998) (R.C. 2969.25 affidavit requirement for filings by inmates)
- State ex rel. Alford v. Winters, 80 Ohio St.3d 285 (1997) (discussing inmate affidavit requirements and procedural compliance)
- Martin v. Woods, 121 Ohio St.3d 609 (2009) (failure to comply with R.C. 2969.25(C) warrants dismissal)
- State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278 (1996) (mootness when trial court already acted)
- Gantt v. Coleman, 6 Ohio St.3d 5 (1983) (relief is moot if requested action has been performed)