Opinion
C. A. 23CA011998
07-24-2023
GREGORY BROWN Petitioner v. JENNIFER BLACK, WARDEN Respondent
GREGORY BROWN, Pro se, Relator. DAVE YOST, Ohio Attorney General, and KATHERINE E. MULLIN, Senior Assistant Attorney General, for Respondent.
ORIGINAL ACTION IN HABEAS CORPUS
GREGORY BROWN, Pro se, Relator.
DAVE YOST, Ohio Attorney General, and KATHERINE E. MULLIN, Senior Assistant Attorney General, for Respondent.
PER CURIAM.
{¶1} Relator, Gregory Brown, has filed a petition for writ of habeas corpus seeking an order to Respondent, Warden Jennifer Black, to release him from custody. Warden Black has moved to dismiss because Mr. Brown's petition fails to comply with R.C. 2969.25. Because Mr. Brown's petition does not comply with the mandatory requirements of R.C. 2969.25, this Court must dismiss this action.
{¶2} R.C. 2969.25 sets forth specific filing requirements for inmates who file a civil action against a government employee or entity. Warden Black is a government employee and Mr. Brown, incarcerated in the Lorain Correctional Institution, is an inmate. R.C. 2969.21(C) and (D). A case must be dismissed if the inmate fails to comply with the mandatory requirements of R.C. 2969.25 in the commencement of the action. State ex rel. Graham v. Findlay Mun. Court, 106 Ohio St.3d 63, 2005-Ohio-3671, ¶ 6 ("The requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects an inmate's action to dismissal."). Mr. Brown failed to comply with R.C. 2969.25(C).
{¶3} An inmate seeking waiver of filing fees, as Mr. Brown is here, must file an affidavit of indigency. The affidavit must include, among other things, "[a] statement that sets forth the balance in the inmate account of the inmate for each of the preceding six months, as certified by the institutional cashier[.]" R.C. 2969.25(C)(1). The Ohio Supreme Court has construed these words strictly: an affidavit that "does not include a statement setting forth the balance in [an] inmate account for each of the preceding six months" fails to comply with R.C. 2969.25(C)(1). (emphasis sic.) State ex rel. Roden v. Ohio Dept. of Rehab. &Corr., 159 Ohio St.3d 314, 2020-Ohio-408, ¶ 6.
{¶4} Mr. Brown filed two affidavits with his petition, but neither is an affidavit of indigency. He filed a "Motion to Proceed Indigent" in which he asked for a waiver of the prepayment of the filing fees. Although the motion states that it includes "an affidavit that sets for the balance of [his] inmate account for the preceding six months, as certified by the institutional cashier[,]" that affidavit is not attached. There is a statement of "the inmate's financial record" attached to the motion. That document reflects starting, ending, and average balances for a sixmonth period. It does not reflect the balance of the inmate account for each of the preceding six months, as required by R.C. 2969.25(C)(1). That document is also not certified and signed by the institutional cashier. As previously mentioned, the motion does not include an affidavit of indigency. "'R.C. 2969.25(C) does not permit substantial compliance[;]'" it requires strict adherence by the filing inmate. Id. at ¶ 8, citing State ex rel. Neil v. French, 153 Ohio St.3d 271, 2018-Ohio-2692, ¶ 7. Therefore, Mr. Brown's "Motion to Proceed Indigent" does not comply with the mandatory requirements of R.C. 2969.25(C)(1).
{¶5} Because Mr. Brown did not comply with the mandatory requirements of R.C. 2969.25, this case is dismissed. Costs are taxed to Mr. Brown. The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal. Civ.R. 58.
JENNIFER L. HENSAL FOR THE COURT
STEVENSON, J. FLAGG LANZINGER, J. CONCUR.