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State ex Rel. Pamer v. Collier

Supreme Court of Ohio
Apr 12, 2006
2006 Ohio 1507 (Ohio 2006)

Summary

In State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, the Supreme Court of Ohio affirmed the judgment of the court of appeals from Medina County which had dismissed the complaint of George D. Pamer, an inmate at Mansfield Correctional Institution, for his failure to comply with the requirements of R.C. 2969.25(C).

Summary of this case from State ex rel. Anderson v. Sheeran

Opinion

No. 2005-2201.

Submitted February 22, 2006.

Decided April 12, 2006.

APPEAL from the Court of Appeals for Medina County, No. 05CA0083-M.

George D. Pamer, pro se.

Dean Holman, Medina County Prosecuting Attorney, and Russell A. Hopkins, Assistant Prosecuting Attorney, for appellee.


{¶ 1} This is an appeal from a judgment dismissing a complaint for a writ of mandamus.

{¶ 2} On September 19, 2005, appellant, George D. Pamer, an inmate at Mansfield Correctional Institution, filed a complaint in the Court of Appeals for Medina County. Pamer sought a writ of mandamus to compel appellee, Medina County Common Pleas Court Judge Christopher J. Collier, to issue findings of fact and conclusions of law on a December 2004 entry denying Pamer's petition for postconviction relief.

{¶ 3} Pamer moved for waiver of the prepayment of fees to file his mandamus action and submitted an affidavit of indigency and a statement certified by his prison cashier showing his inmate account for the period from March 1, 2005 through August 1, 2005.

{¶ 4} On October 14, 2005, the court of appeals dismissed Pamer's complaint for failure to comply with the requirements of R.C. 2969.25(C). The court of appeals also ordered Pamer to pay costs.

{¶ 5} We affirm the judgment of the court of appeals. Pamer's cashier statement did not set forth the account balance for the month immediately preceding his mandamus complaint — August 2005. See R.C. 2969.25(C)(1), which requires an inmate filing a civil action against a government employee seeking waiver of prepayment of court filing fees to file a "statement that sets forth the balance in the inmate account for each of the preceding six months, as certified by the institutional cashier." Pamer's failure to comply with R.C. 2969.25(C)(1) warranted dismissal of the complaint. State ex rel. Foster v. Belmont Cty. Court of Common Pleas, 107 Ohio St.3d 195, 2005-Ohio-6184, 837 N.E.2d 777, ¶ 5.

{¶ 6} In addition, nothing in R.C. 2969.25 required the court of appeals to afford Pamer the opportunity to pay the requisite filing fee before dismissing the case when Pamer expressly requested waiver of prepayment of those fees.

{¶ 7} Finally, because Pamer did not prevail and he did not establish his indigency, the court of appeals did not abuse its discretion in ordering him to pay the costs of the proceeding. See State ex rel. Frailey v. Wolfe (2001), 92 Ohio St.3d 320, 321, 750 N.E.2d 164; Civ.R. 54(D).

{¶ 8} Based on the foregoing, we affirm the judgment of the court of appeals.

Judgment affirmed.

MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and LANZINGER, JJ., concur.


Summaries of

State ex Rel. Pamer v. Collier

Supreme Court of Ohio
Apr 12, 2006
2006 Ohio 1507 (Ohio 2006)

In State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, the Supreme Court of Ohio affirmed the judgment of the court of appeals from Medina County which had dismissed the complaint of George D. Pamer, an inmate at Mansfield Correctional Institution, for his failure to comply with the requirements of R.C. 2969.25(C).

Summary of this case from State ex rel. Anderson v. Sheeran

In Pamer, the Supreme Court held R.C. 2969.25(C)(1) warranted dismissal of an inmate's complaint in mandamus where the inmate filed his action on September 19, 2005, but the statement of his inmate account covered the time period from March 1 through August 1, 2005.

Summary of this case from State ex rel. Keith v. Ohio Adult Parole Auth.

In State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, the Supreme Court of Ohio affirmed the judgment of the court of appeals from Medina County which had dismissed the complaint of George D. Pamer, an inmate at Mansfield Correctional Institution, for his failure to comply with the requirements of R.C. 2969.25(C).

Summary of this case from State ex rel. Keith v. Ohio Adult Parole Auth.

In Pamer, the Supreme Court of Ohio held R.C. 2969.25(C)(1) warranted dismissal of an inmate's complaint in mandamus where the inmate filed his action on September 19, 2005 but the statement of his inmate account covered the time period from March 1, 2005 through August 1, 2005.

Summary of this case from State ex rel. Wolfe v. Ohio Adult Parole Auth.
Case details for

State ex Rel. Pamer v. Collier

Case Details

Full title:THE STATE ex rel. PAMER, Appellant, v. COLLIER, Judge, Appellee

Court:Supreme Court of Ohio

Date published: Apr 12, 2006

Citations

2006 Ohio 1507 (Ohio 2006)
2006 Ohio 1507
844 N.E.2d 842

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