Lininger v. English
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[Cite as Lininger v. English, 2019-Ohio-4030.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY Raymond Todd Lininger Court of Appeals No. L-19-1199 Relator v. Hon. Judge Ian B. English Respondent DECISION AND JUDGMENT Decided: September 24, 2019 ***** Raymond Todd Lininger, pro se. ***** MAYLE, P.J. {¶ 1} This case is before the court upon a complaint for a writ of procedendo, filed on September 10, 2019, by petitioner, Raymond Lininger, against respondent, Judge Ian English of the Lucas County Court of Common Pleas. Lininger, an inmate at the Warren Correctional Institution, claims that he filed a motion to correct a void sentence on November 8, 2018, and that Judge English has failed to rule on the motion. He asks us to order Judge English to issue a ruling on the motion. {¶ 2} With his complaint, Lininger filed an affidavit of indigency asking us to waive the required filing fee. Under 6th Dist.Loc.App.R. 7(A) and R.C. 2969.25(C), when the party bringing the action is incarcerated and seeks to have prepayment of the filing fees waived, he must provide a certificate from the institution at which he is incarcerated stating the amount of funds he has on deposit available to secure costs and a statement describing any other items of value that he owns. Lininger did not do this. {¶ 3} Because Lininger failed to comply with 6th Dist.Loc.App.R. 7(A) and R.C. 2969.25(C), we dismiss his complaint and order that he pay the costs of this action. The clerk is directed to serve upon the parties, within three days, a copy of this decision in a manner prescribed by Civ.R. 5(B). {¶ 4} It is so ordered. Writ denied. Arlene Singer, J. _______________________________ JUDGE Thomas J. Osowik, J. Christine E. Mayle, P.J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE This decision is subject to further editing by the Supreme Court of Ohio’s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court’s web site at: http://www.supremecourt.ohio.gov/ROD/docs/. 2.
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