Opinion
C. A. 30721
07-12-2023
STATE EX REL. WILLIAM JACK HOWARD Relator v. JUDGE PATRICIA COSGROVE, ET AL Respondents
WILLIAM JACK HOWARD, Pro Se, Relator. SHERRI BEVAN WALSH, Prosecuting Attorney, and MARRETT W. HANNA, Assistant Prosecuting Attorney, for Respondents.
ORIGINAL ACTION IN MANDAMUS
WILLIAM JACK HOWARD, Pro Se, Relator.
SHERRI BEVAN WALSH, Prosecuting Attorney, and MARRETT W. HANNA, Assistant Prosecuting Attorney, for Respondents.
PER CURIAM
JENNIFER L. HENSAL JUDGE
{¶1} Relator, William Jack Howard, has petitioned this Court for a writ of mandamus. Respondent, Judge Patricia Cosgrove, has moved to dismiss the complaint because Mr. Howard failed to comply with the mandatory requirements of R.C. 2969.25. Because Mr. Howard did not comply with the mandatory requirements of R.C. 2969.25(C), 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. Judge Cosgrove is a government employee and Mr. Howard, incarcerated in the Lorain Correctional Institution, is an inmate. R.C. 2969.21(C) and (D). A case must be dismissed if an 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.").
{¶3} Mr. Howard did not pay the cost deposit required by this Court's Local Rules. He also failed to comply with R.C. 2969.25(C), which sets forth specific requirements for an inmate who seeks to proceed without paying the cost deposit. Mr. Howard filed a motion to proceed without paying the cost deposit and attached an affidavit of indigency. He failed, however, to file a statement of his prisoner trust account that sets forth the balance in his inmate account for each of the preceding six months, as certified by the institutional cashier. R.C. 2969.25(C).
{¶4} Because Mr. Howard did not comply with the mandatory requirements of R.C. 2969.25, the case is dismissed. Costs taxed to Mr. Howard.
{¶5} 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. See Civ.R. 58(B).
CARR, J., STEVENSON, J., CONCUR.