State ex rel. Graham v. Findlay Mun. Court
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[Cite as State ex rel. Graham v. Findlay Mun. Court, 106 Ohio St.3d 63, 2005-Ohio-3671.] THE STATE EX REL. GRAHAM, APPELLANT, v. FINDLAY MUNICIPAL COURT, APPELLEE. [Cite as State ex rel. Graham v. Findlay Mun. Court, 106 Ohio St.3d 63, 2005-Ohio-3671.] R.C. 2969.25(A)(1) Inmate s affidavit of indigency Inmate s failure to include brief description of nature of action subjects action to dismissal. (No. 2005-0267 Submitted June 15, 2005 Decided August 3, 2005.) APPEAL from the Court of Appeals for Hancock County, No. 5-04-43. __________________ Per Curiam. {¶ 1} This is an appeal from a judgment dismissing a petition for a writ of mandamus to compel a municipal court to file a criminal complaint. Because appellant failed to comply with R.C. 2969.25(A)(1), we affirm. {¶ 2} On October 29, 2004, appellant, Nathan Graham, an inmate, filed a complaint in the Court of Appeals for Hancock County. Graham requested a writ of mandamus to compel appellee, Findlay Municipal Court, to file a criminal complaint that he had presented to the municipal court clerk for filing and to conduct a probable-cause hearing. Graham moved for leave to proceed in forma pauperis without the payment of filing fees and the deposit of costs and filed an affidavit of indigency. {¶ 3} Graham also filed an affidavit that he claimed listed the civil actions in which governmental agencies were a party that he had filed in the past five years. The affidavit, however, did not contain a brief description of the nature of each of the two civil actions listed. municipal court moved to dismiss the complaint. R.C. 2969.25(A)(1). The SUPREME COURT OF OHIO {¶ 4} On January 20, 2005, the court of appeals granted the municipal court s motion and dismissed Graham s complaint. The court of appeals held, inter alia, that Graham had failed to comply with R.C. 2969.25. {¶ 5} This cause is now before the court upon Graham s appeal as of right. {¶ 6} We affirm the judgment of the court of appeals. The requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects an inmate s action to dismissal. State ex rel. Norris v. Giavasis, 100 Ohio St.3d 371, 2003-Ohio-6609, 800 N.E.2d 365, ¶ 4, quoting State ex rel. White v. Bechtel, 99 Ohio St.3d 11, 2003-Ohio-2262, 788 N.E.2d 634, ¶ 5. Graham failed to comply with R.C. 2969.25(A)(1). Norris at ¶ 2, 4. Judgment affirmed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL and LANZINGER, JJ., concur. __________________ Nathan Graham, pro se. David Hackenberg, Findlay Director of Law, for appellee. ______________________ 2
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