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STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO
C.A. No. 29930
Respondent
v.
RICKIE LEE YAUGER ORIGINAL ACTION IN
HABEAS CORPUS
Petitioner
Dated: March 24, 2021
PER CURIAM.
{¶1} Relator Rickie Lee Yauger has filed a petition asking this Court for a writ
of habeas corpus ordering his release from custody. The State of Ohio has moved to
dismiss. Because Mr. Yauger’s petition does not comply with the mandatory
requirements of R.C. 2969.25, this Court must dismiss this action.
{¶2} Mr. Yauger failed to comply with the statutory filing mandate that requires
this Court to dismiss this case. R.C. 2969.25 sets forth specific filing requirements for
inmates who file a civil action against a government employee or entity. The state of
Ohio is a government entity and Mr. Yauger, 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,
, 2005-
C.A. No. 29930
Page 2 of 2
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. Yauger 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.
Yauger filed an affidavit of inability to prepay or give security for costs which asked this
Court to waive prepayment of the cost deposit. He did not, however, 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, as required by R.C.
2969.25(C).
{¶4} Because Mr. Yauger did not comply with the mandatory requirements of
R.C. 2969.25, the case is dismissed. Costs taxed to Mr. Yauger.
{¶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. Civ.R. 58.
DONNA J. CARR
FOR THE COURT
TEODOSIO, J.
CALLAHAN, J.
CONCUR.
APPEARANCES:
RICKIE LEE YAUGER, Pro se, Petitioner.
SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN,
Assistant Prosecuting Attorney, for Respondent.
