State ex rel. Swanson v. Ohio Dept. of Rehab. & Corr. (Slip Opinion)
State ex rel. Swanson v. Ohio Dept. of Rehab. & Corr. (Slip Opinion)
Opinion
*194 *408 {¶ 1} Appellant, Richard Swanson, appeals the Tenth District Court of Appeals' dismissal of his complaint for a writ of mandamus. We affirm.
{¶ 2}
On February 22, 2018, Swanson, an inmate at the Marion Correctional Institution, filed a mandamus petition alleging that appellee, the Ohio Department of Rehabilitation and Correction, had miscalculated his maximum-sentence release date. Swanson attached to his complaint a "Prior Actions Affidavit," executed on February 13, 2018, listing three civil actions he had filed in the previous five years. The list did not include a mandamus action Swanson had filed in the Eighth District Court of Appeals two weeks earlier, on January 30, 2018.
See
State ex rel. Swanson v. Cuyahoga Cty. Clerk of Courts
, 8th Dist. Cuyahoga No. 106777,
{¶ 3}
The magistrate assigned to the case, observing that Swanson's list of prior actions was incomplete, recommended that the court of appeals dismiss the complaint for "fail[ure] to comply with the mandatory requirements of R.C. 2969.25(C) [sic]." Two weeks later, the magistrate issued a nunc pro tunc decision indicating that Swanson had failed to comply with R.C. 2969.25(A), not (C).
{¶ 4} R.C. 2969.25(A) contains procedural requirements for inmates commencing "a civil action or appeal against a government entity or employee." That phrase is defined as a "civil action that an inmate commences * * * in a court of common pleas, court of appeals, county court, or municipal court." R.C. 2969.21(B)(1)(a). Because this action originated in the court of appeals, it is subject to the terms of R.C. 2969.25(A).
*409
{¶ 5}
Under R.C. 2969.25(A), an inmate commencing a civil action in the court of appeals must file an affidavit containing "a description of each civil action or appeal of a civil action that the inmate has filed in the previous five years in any state or federal court." The affidavit must include (1) a brief description of the nature of the civil case or appeal, (2) the case name, case number, and court in which the civil action or appeal was brought, (3) the name of each party, and (4) the outcome of the civil action or appeal.
{¶ 6}
"Compliance with R.C. 2969.25(A) is mandatory, and failure to comply will warrant dismissal."
State v. Henton
,
{¶ 7}
A proceeding for a writ of mandamus is civil in nature.
State ex rel. Spirko v. Judges of Third Appellate Dist. Court of Appeals
,
Judgment affirmed.
O'Connor, C.J., and Kennedy, French, Fischer, DeWine, Donnelly, and Stewart, JJ., concur.
Reference
- Full Case Name
- The STATE EX REL. SWANSON, Appellant, v. OHIO DEPARTMENT OF REHABILITATION & CORRECTION, Appellee.
- Cited By
- 79 cases
- Status
- Published
- Syllabus
- Mandamus—Inmate failed to comply with filing requirements of R.C. 2969.25(A)—Court of appeals' dismissal of complaint affirmed.