Thompson v. State

2023 Ohio 1739

• Court: Ohio Court of Appeals
• Decided: May 24, 2023
• Docket: 30581
• Status: Published

Opinion

[Cite as Thompson v. State, 2023-Ohio-1739.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

MONTY THOMPSON C.A. No. 30581 Petitioner

v. ORIGINAL ACTION IN STATE OF OHIO HABEAS CORPUS

Respondent

Dated: May 24, 2023

PER CURIAM.

{¶1} Monty Thompson has filed a petition for writ of habeas corpus using a form

document intended to file a petition for writ of habeas corpus in federal court pursuant to 28

U.S.C. 2254. Because the document named the state of Ohio as the respondent, and noted that it

challenged the judgment of the Summit County Common Pleas Court, the Summit County

Prosecutor moved to dismiss. For the following reasons, this Court grants the motion and

dismisses the petition.

{¶2} The motion to dismiss identified a number of reasons why this Court should

dismiss the petition, including that Mr. Thompson failed to comply with the mandatory filing

requirements of R.C. 2969.25. This Court agrees that Mr. Thompson failed to comply.

{¶3} R.C. 2969.25 sets forth specific filing requirements for inmates who file a civil

action against a government employee or entity. The state of Ohio and the Summit County

Common Pleas Court are government entities. Mr. Thompson, incarcerated in the Trumbull

Correctional Institution, is an inmate. R.C. 2969.21(C) and (D). A case must be dismissed if the C.A. No. 30581 Page 2 of 2

inmate fails to comply with the mandatory requirements of R.C. 2969.25 in the commencement

of the action. State ex rel. Graham v. Findlay Mun. Court, 106 Ohio St.3d 63, 2005-Ohio-3671,

¶ 6 (“The requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects

an inmate’s action to dismissal.”).

{¶4} Mr. Thompson failed to comply with any of the requirements of R.C. 2969.25.

He did not pay the cost deposit for filing this action or request a waiver of the cost deposit. R.C.

2969.25(C). Mr. Thompson also failed to comply with the requirement that he file an affidavit

of prior civil actions or appeals identifying all of the parties and all of the civil actions or appeals

he filed in the previous five years. R.C. 2969.25(A).

{¶5} Mr. Thompson failed to comply with the mandatory requirements of R.C.

2969.25. Accordingly, this case is dismissed. Costs are taxed to Mr. Thompson.

{¶6} The clerk of courts is hereby directed to serve upon all parties not in default notice

of this judgment and its date of entry upon the journal. See Civ.R. 58.

BETTY SUTTON FOR THE COURT

CARR, J. STEVENSON, J. CONCUR.

APPEARANCES:

MONTY THOMPSON, Pro se, Petitioner.

SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Respondent.