State ex rel. Price v. Spitler

Summary

The Ninth District Court of Appeals dismissed Vincent Price’s prohibition action against Judge Corey E. Spitler. The court held that Price failed to comply with the mandatory inmate-filing requirements of R.C. 2969.25, including requirements concerning his affidavit of indigency and affidavit of prior civil actions, and that later filings could not cure the deficiencies.

Holdings

1. An inmate's failure to comply with the mandatory filing requirements of Ohio Revised Code 2969.25 at the commencement of the action requires dismissal.
2. An inmate may not cure noncompliance with R.C. 2969.25 by filing corrective affidavits after commencing the action.

Questions Presented

1. Whether an inmate's failure to comply with the mandatory filing requirements of Ohio Revised Code 2969.25 requires dismissal of an original prohibition action.
2. Whether later-filed affidavits may cure deficiencies in the inmate's filing-fee-waiver affidavit or affidavit of prior civil actions.

Disposition

dismissed