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IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
STATE OF OHIO ex rel. CASE NO. 2023-P-0038
ISAAC CHESTER,
Relator, Original Action for Mandamus
- vs -
THE HONORABLE:
BECKY L. DOHERTY,
Respondent.
PER CURIAM
OPINION
Decided: August 21, 2023
Judgment: Petition dismissed
Isaac Chester, pro se, PID# A791-522, Trumbull Correctional Institution, 5701 Burnett
Street, P.O. Box 640, Leavittsburg, OH 44430 (Relator)
Victor V. Vigluicci, Portage County Prosecutor, 241 South Chestnut Street, Ravenna,
OH 44266 (For Respondent).
PER CURIAM.
{¶1} Relator, Isaac Chester, filed a Petition for Writ of Mandamus on June 5,
2023. This Court issued an alternative writ directing respondent to move, plead or
otherwise respond to the filing.
{¶2} On July 13, 2023, respondent filed a Motion to Dismiss. Respondent argues
for dismissal on two grounds: first, because relator has failed to state a claim upon which
relief can be granted; second, because relator has not sought the proper writ. We need
not address the merits of respondent’s motion. Respondent’s motion to dismiss is
rendered moot by this opinion’s disposition. Relator’s Petition for Writ of Mandamus is
dismissed, sua sponte, without prejudice for relator’s failure to comply with R.C.
2969.25(C). That statute provides:
(C) If an inmate who files a civil action or appeal against a
government entity or employee seeks a waiver of the prepayment of
the full filing fees assessed by the court in which the action or appeal
is filed, the inmate shall file with the complaint or notice of appeal an
affidavit that the inmate is seeking a waiver of the prepayment of the
court's full filing fees and an affidavit of indigency. The affidavit of
waiver and the affidavit of indigency shall contain all of the following:
(1) 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;
(2) A statement that sets forth all other cash and things of
value owned by the inmate at that time.
{¶3} The requirements of R.C. 2969.25(C) are mandatory and failure to comply
with them mandates dismissal of an inmate’s mandamus petition. State ex rel. Manns v.
Henson,
{¶4} Here, relator filed an Affidavit of Indigency. However, relator’s affidavit only
states that he is indigent and cannot afford the court’s filing fees and costs. Further, relator
failed to file an affidavit of waiver. These failures are not curable and substantial
compliance will not suffice. Relator’s failure to comply with R.C. 2969.25(C) serves as an
independent basis to sua sponte dismiss his petition.
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Case No. 2023-P-0038
See State ex rel. Ridenour v. Brunsman,
(Ohio Supreme Court affirmed sua sponte dismissal of writ of mandamus for
failure to comply with R.C. 2969.25(C)) and State ex rel. Evans v. McGrath, 10th Dist.
Franklin No. 16AP-238,
2016-Ohio-8348
, ¶¶ 6-7 (Court of appeals overruled objections
and adopted magistrate's decision that sua sponte dismissed writ of prohibition for failure
to comply with R.C. 2969.25(C)).
{¶5} Respondent’s motion to dismiss is rendered moot. Relator’s Petition for Writ
of Mandamus is dismissed, sua sponte, without prejudice.
JOHN J. EKLUND, P.J., MARY JANE TRAPP, J., ROBERT J. PATTON, J., concur.
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Case No. 2023-P-0038
