[Cite as State ex rel. Duran v. Kelsey, 2004-Ohio-5671.]
IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WOOD COUNTY
State of Ohio, ex. Rel. Augusto Duran Relator v. Judge Reeve Kelsey Respondent
Court of Appeals No. WD-04-067
DECISION AND JUDGMENT ENTRY Decided: October 19, 2004 *****
Augusto Duran, pro se. Raymond C. Fischer, Wood County Prosecuting Attorney, Gary D. Bishop and Jacqueline M. Kirian, Assistant Prosecuting Attorneys, for respondent. ***** HANDWORK, P.J.
{¶ 1} This matter is before the court sua sponte. Relator, Augusto Duran, seeks a
writ of mandamus and prohibition against respondent, Judge Reeve Kelsey. Pursuant to R.C. 2969.25, if an inmate files a civil action naming a government entity or employee as the respondent, the petitioner must comply with the requirements of the statute. Failure to do so subjects the action to dismissal. State ex rel. Alford v. Winters (1997), 80 Ohio
St.3d 285. In this case, relator failed to file comply with R.C. 2969.25(A) and (C). Therefore, we hereby order this original action dismissed at relator’s costs.
WRIT DENIED.
Peter M. Handwork, P.J. Mark L. Pietrykowski, J. Judith Ann Lanzinger, J. CONCUR.
_______________________________ JUDGE _______________________________ JUDGE _______________________________ JUDGE
2.
