Wainwright v. State Adult Parole Auth.

2025 Ohio 1495

• Court: Ohio Court of Appeals
• Decided: April 28, 2025
• Docket: 25CA012244
• Status: Published

Opinion

[Cite as Wainwright v. State Adult Parole Auth., 2025-Ohio-1495.]

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

STATE EX REL. DWIGHT C.A. No. 25CA012244 WAINWRIGHT

Relator

v.

STATE OF OHIO ADULT PAROLE ORIGINAL ACTION IN AUTHORITY MANDAMUS

Respondent

Dated: April 28, 2025

PER CURIAM.

{¶1} Relator, Dwight Wainwright, has petitioned this Court for a writ of mandamus

asking this Court to order Respondent, State of Ohio Adult Parole Authority, to conduct a proper

investigation. Because Mr. Wainwright failed to comply with the mandatory requirements of R.C.

2969.25, this case must be dismissed.

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

action against a government employee or entity. The Adult Parole Authority is a government

entity, and Mr. Wainwright, incarcerated in the Lorain Correctional Institution, is an inmate. R.C.

2969.21(C) and (D). A case must be dismissed if an 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, 2005-Ohio-3671, ¶ 6. {¶3} Mr. Wainwright failed to pay the cost deposit required by this Court’s Local Rules.

He also failed to comply with R.C. 2969.25(C). This section requires an inmate who seeks a

waiver of the prepayment of the cost deposit to file specific, statutorily required, information.

Here, Mr. Wainwright neither prepaid the cost deposit nor sought a waiver of prepayment of the

deposit. Accordingly this case must be dismissed. Dunkle v. Hill, 2021-Ohio-3835, ¶ 7 (failure

to pay the cost deposit or seek a waiver supported by the statutorily mandated documents requires

dismissal).

{¶4} Because Mr. Wainwright failed to comply with the mandatory requirements of

R.C. 2969.25, this case is dismissed. Further, because this case must be dismissed, this Court

need not address any defects in the complaint, including the failure to provide an address for

service on Respondent.

{¶5} Costs taxed to Mr. Wainwright. 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(B).

SCOT STEVENSON FOR THE COURT

CARR, J. SUTTON, J. CONCUR.

APPEARANCES:

DWIGHT WAINWRIGHT, Pro Se, Relator.