State ex rel. Chester v. Doherty

2024 Ohio 218

• Court: Ohio Court of Appeals
• Decided: January 22, 2024
• Docket: 2023-P-0081
• Status: Published

Opinion

[Cite as State ex rel. Chester v. Doherty, 2024-Ohio-218.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY

STATE OF OHIO ex rel. CASE NO. 2023-P-0081 ISAAC CHESTER,

Relator, Original Action for Writ of Mandamus

- vs -

THE HONORABLE: BECKY L. DOHERTY,

Respondent.

PER CURIAM OPINION

Decided: January 22, 2024 Judgment: Complaint dismissed

Isaac Chester, pro se, PID# A791-522, Trumbull Correctional Camp, 5701 Burnett Street, P.O. Box 640, Leavittsburg, OH 44430 (Relator).

Victor V. Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Respondent).

PER CURIAM.

{¶1} Pending before this court are: respondent, the Honorable Becky L.

Doherty’s, Motion to Dismiss filed on December 6, 2023; and relator, Isaac Chester’s,

Motion to Dismiss Respondent’s Motion to Dismiss filed on December 22, 2023.

{¶2} On October 11, 2023, Chester filed a Complaint for Writ of Mandamus.

{¶3} According to the Complaint, Chester is the defendant in Portage County

Court of Common Pleas Case No. 21CR00462, presided over by respondent, the Honorable Becky L. Doherty. It is further alleged that, in the course of the criminal

proceedings, Judge Doherty has denied him jail time credit. Chester asks this Court to

grant him “an order to compel the Respondent to grant Relator the owed jail time credit,

and/or notify ODRC of the proper number of days of incarceration that he was confined

prior to his sentence for Portage County Court of Common Pleas Case No. 2021-CR-462,

or be granted such other relief as the court deems necessary, and appropriate to the

Relator[’]s complaint.”

{¶4} Pursuant to R.C. 2969.25(A): “At the time that an inmate commences a civil

action or appeal against a government entity or employee, the inmate shall file with the

court an affidavit that contains 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.”

{¶5} “Compliance with R.C. 2969.25(A) is mandatory, and failure to comply will

warrant dismissal.” (Citation omitted.) State ex rel. Swanson v. Ohio Dept. of

Rehabilitation & Correction, 156 Ohio St.3d 408, 2019-Ohio-1271, 128 N.E.3d 193, ¶ 6.

{¶6} Chester did not file an affidavit of prior civil actions with his Complaint.

“[T]he affidavit required by R.C. 2969.25(A) must be filed at the time the complaint is filed,

and an inmate may not cure the defect by later filings.” State ex rel. Hall v. Mohr, 140

Ohio St.3d 297, 2014-Ohio-3735, 17 N.E.3d 581, ¶ 4. Accordingly, the Complaint must

be dismissed.

{¶7} For the foregoing reasons, Judge Doherty’s Motion to Dismiss is granted

and Chester’s Complaint is dismissed.

MARY JANE TRAPP, J., MATT LYNCH, J., JOHN J. EKLUND, J., concur. 2

Case No. 2023-P-0081