State ex rel. Wright v. Franklin Cty. Mun. Court

Summary

The Tenth District Court of Appeals of Ohio denied a writ of mandamus and granted the respondent’s Civ.R. 12(B)(6) motion to dismiss. The court adopted the magistrate’s decision, concluding that the incarcerated relator failed to comply with R.C. 2969.25(A) because his affidavit of prior civil filings was not notarized and omitted qualifying civil actions and appeals filed during the preceding five years.

Holdings

1. An inmate's affidavit of prior civil filings is procedurally defective when it is not properly executed or notarized as required by R.C. 2969.25(A), and the defect requires dismissal of the mandamus action.
2. An inmate must strictly comply with R.C. 2969.25(A) by identifying and describing each civil action or appeal filed in the preceding five years; directing the court to search clerk websites and listing unrelated criminal cases is insufficient.
3. Wright did not establish entitlement to a writ of mandamus because his petition was procedurally defective under R.C. 2969.25(A); the writ was denied and the action dismissed.

Questions Presented

1. Whether Wright's failure to submit a properly executed affidavit of prior civil filings required dismissal under R.C. 2969.25(A).
2. Whether Wright's failure to identify and describe his civil actions and appeals from the preceding five years independently required dismissal under R.C. 2969.25(A).
3. Whether Wright established entitlement to a writ of mandamus.

Disposition

dismissed