State ex rel. Whitt v. Coshocton Common Pleas Court

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[Cite as State ex rel. Whitt v. Coshocton Common Pleas Court, 2013-Ohio-3550.] COURT OF APPEALS COSHOCTON COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO, ex rel., STEPHEN H. WHITT Relator JUDGES: Hon. W. Scott Gwin, P. J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J. -vsCase No. 2013CA0011 COSHOCTON COMMON PLEAS COURT Respondent OPINION CHARACTER OF PROCEEDING: Petition for Writ of Mandamus JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: August 15, 2013 APPEARANCES: For Relator For Respondent STEPHEN H. WHITT L. E. C. I. Post Office Box 56 Lebanon, Ohio 45036 JASON W. GIVEN PROSECUTING ATTORNEY 318 Chestnut Street Coshocton, Ohio 43812 Coshocton County, Case No. 2013CA0011 2 Wise, J. {¶1} Relator, Stephen H. Whitt, has filed a petition for writ of mandamus. Although it is not entirely clear what relief Relator seeks, the Court believes Relator is requesting the Respondent be ordered to cause certain people to be arrested on kidnapping charges. {¶2} Respondent has filed a motion to dismiss essentially arguing Relator has no clear legal right to the relief requested. {¶3} We find it unnecessary to address the claim raised in the Petition because we find Relator has failed to comply with the procedural requirements for a mandamus complaint. {¶4} Relator has failed to comply with R.C. 2969.25 by failing to file an affidavit detailing his prior civil filings. The Supreme Court has held, [t]he requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects an inmate's action to dismissal. State ex rel. White v. Bechtel, 99 Ohio St.3d 11, 2003 Ohio 2262, 788 N.E.2d 634, ¶ 5. Noncompliance with R.C. 2969.25 warrants dismissal. State ex rel. Graham v. Niemeyer (2005), 106 Ohio St.3d 466, 106 467, 835 N.E.2d 1250, 1251. Coshocton County, Case No. 2012CA0011 {¶5} 3 Relator's failure to include the affidavit requires dismissal of this case. For this reason, the Petition for Writ of Mandamus is dismissed. By: Wise, J. Gwin, P. J., and Farmer, J., concur. ___________________________________ HON. JOHN W. WISE ___________________________________ HON. W. SCOTT GWIN ___________________________________ HON. SHEILA G. FARMER JWW/d 0722 Coshocton County, Case No. 2013CA0011 4 IN THE COURT OF APPEALS FOR COSHOCTON COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO, ex rel., STEPHEN H. WHITT : : : Relator : : -vs: : COSHOCTON COMMON PLEAS COURT : : Respondent : JUDGMENT ENTRY Case No. 2013CA0011 For the reasons stated in our accompanying Memorandum-Opinion, the Petition for Writ of Mandamus filed in the Court of Common Pleas of Coshocton County, Ohio, is dismissed. Costs assessed to Relator. ___________________________________ HON. JOHN W. WISE ___________________________________ HON. W. SCOTT GWIN ___________________________________ HON. SHEILA G. FARMER

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