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State ex rel. Swain v. Bartleson
123 Ohio St. 3d 125
| Ohio | 2009
|
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Case Information

*1 [Cite as State ex rel. Swain v. Bartleson, 123 Ohio St.3d 125, 2009-Ohio-4690.]

T HE S TATE EX REL . S WAIN , A PPELLANT , v. B ARTLESON , A PPELLEE . [Cite as State ex rel. Swain v. Bartleson, 123 Ohio St.3d 125, 2009-Ohio-4690.] Civil actions by prison inmates — Affidavit requirement of R.C. Chapter 2969 . (No. 2009-0804 ─ Submitted September 2, 2009 ─ Decided September 15, 2009.)

A PPEAL from the Court of Appeals for Lucas County, No. L-09-1047.

__________________

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, inmate Sean Swain, for a writ of mandamus to compel appellee, the inspector of institutional services at Toledo Correctional Institution, to answer his grievances. “The requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects an inmate’s action to dismissal.” State ex rel. White v. Bechtel , 99 Ohio St.3d 11, 2003-Ohio-2262, 788 N.E.2d 634, ¶ 5; State ex rel. Manns v. Henson , 119 Ohio St.3d 348, 2008-Ohio-4478, 894 N.E.2d 47, ¶ 4. R.C. 2969.25(C)(1) required Swain, who filed a declaration of indigency in which he claimed an inability to pay the costs and fees associated with his mandamus case, to file a statement setting forth his inmate account “for each of the preceding six months, as certified by the institutional cashier.” He did not do so, and his claims on appeal concerning the inapplicability of R.C. 2969.25(A) are insufficient to justify reversal of a judgment that was properly premised in part on R.C. 2969.25(C)(1). We will not reverse a correct judgment simply because some or all of a lower court’s reasons are erroneous. State ex rel. Deiter v. McGuire , 119 Ohio St.3d 384, 2008-Ohio-4536, 894 N.E.2d 680, ¶ 21.

Judgment affirmed. M OYER , C.J., and P FEIFER , L UNDBERG S TRATTON , O’C ONNOR , O’D ONNELL , L ANZINGER , and C UPP , JJ., concur.

S UPREME C OURT OF O HIO

__________________ Sean Swain, pro se.

Richard Cordray, Attorney General, and Melissa Montgomery, Assistant Attorney General, for appellee.

__________________

2

Case Details

Case Name: State ex rel. Swain v. Bartleson
Court Name: Ohio Supreme Court
Date Published: Sep 15, 2009
Citation: 123 Ohio St. 3d 125
Docket Number: 2009-0804
Court Abbreviation: Ohio
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