State ex rel. Hatfield v. Rowlands

[Cite as State ex rel. Hatfield v. Rowlands, 2021-Ohio-2743.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

STATE OF OHIO EX REL. RONALD

HATFIELD, INMATE #773547

C.A. No. 30043 Relator v.

ORIGINAL ACTION IN HONORABLE JUDGE MARY MANDAMUS MARGARET ROWLANDS

Respondent

Dated: August 11, 2021

PER CURIAM.

{¶1} Relator Ronald Hatfield has filed a petition asking this Court for a writ of mandamus ordering Respondent, Judge Rowlands, to grant him jail time credit he claims to be due. Judge Rowlands has moved to dismiss. Because Mr. Hatfield’s petition does not comply with the mandatory requirements of R.C. 2969.25, this Court must dismiss this action.

{¶2} R.C. 2969.25 sets forth specific filing requirements for inmates who file a civil action against a government employee or entity. Judge Rowlands is a government employee and Mr. Hatfield, incarcerated in the Belmont 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. C.A. No. 30043 Page 2 of 3 State ex rel. Graham v. Findlay Mun. Court, 106 Ohio St.3d 63, 2005-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. Hatfield 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. Hatfield filed a motion to proceed in forma pauperis and swore in the notarized motion that he lacked the funds to pay the cost deposit and asked this Court to waive the 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. Hatfield did not comply with the mandatory requirements of R.C. 2969.25, the case is dismissed. Costs taxed to Mr. Hatfield.

{¶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.

SUTTON, J.

CONCUR.

C.A. No. 30043 Page 3 of 3 APPEARANCES:

RONALD HATFIELD, Pro se, Relator.

SHERRI BEVAN WALSH, Prosecuting Attorney, and RAYMOND J. HARTSOUGH, Assistant Prosecuting Attorney, for Respondent., Pro se, petitioner.