Maurent v. Foley

Summary

The Ninth District Court of Appeals of Ohio reversed the Lorain County Court of Common Pleas judgment granting Felix Maurent a writ of habeas corpus and ordering his release. The appellate court held that Maurent’s petition was required to be dismissed because his inmate-account affidavit did not provide the account balance for each individual month of the preceding six-month period as required by Ohio Revised Code 2969.25(C). The matter was remanded for entry of a dismissal, without reaching the Warden’s substantive assignments of error.

Holdings

1. A habeas petitioner seeking a waiver of filing fees must file a statement setting forth the inmate-account balance for each of the preceding six months. A statement that summarizes the entire period in lump sums without providing the balance for each individual month does not comply with R.C. 2969.25(C)(1).
2. The requirements of R.C. 2969.25(C) are mandatory; substantial compliance is insufficient, and the failure to comply cannot be cured after filing. The noncompliant habeas petition therefore had to be dismissed.

Questions Presented

1. Whether Maurent's habeas petition had to be dismissed because the certified inmate-account statement filed under R.C. 2969.25(C) reported account activity for the six-month period in lump sums rather than stating the account balance for each individual month.
2. Whether failure to comply with the mandatory filing requirements of R.C. 2969.25(C) can be excused through substantial compliance or cured after filing.

Disposition

reversed_and_remanded