Wright v. Hall

2024 Ohio 804

• Court: Ohio Court of Appeals
• Decided: March 6, 2024
• Docket: 31014
• Status: Published

Opinion

[Cite as Wright v. Hall, 2024-Ohio-804.]

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

MICHELLE S. WRIGHT C.A. No. 31014 Petitioner

v. ORIGINAL ACTION IN JUVENILE JUSTICE CENTER, ET AL. PROHIBITION

Respondents

Dated: March 6, 2024

PER CURIAM.

{¶1} Petitioner, Michelle Wright, has filed a petition for writ of prohibition naming

Judge Howard E. Hall as the respondent. Because Ms. Wright’s petition does not comply with the

mandatory requirements of R.C. 2969.25, this Court must dismiss this action.

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

action against a government employee or entity. Judge Hall is a government employee and Ms.

Wright, incarcerated in the Summit County Jail, is an inmate. R.C. 2969.21(C) and (D). A case

must be dismissed if the 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.”). Ms. Wright failed to comply with R.C.

2969.25(C) in the filing of her action. C.A. No. 31014 Page 2 of 3

{¶3} Ms. Wright failed to comply with R.C. 2969.25(C). An inmate seeking the waiver

of filing fees, as Ms. Wright did in this case, must file an affidavit of indigency. Ms. Wright did

file an affidavit of indigency, but all of the lines to be completed, other than her name, are blank.

Pursuant to the statute, the affidavit must include, among other things, “[a] statement that sets forth

the balance in the inmate account of the inmate for each of the preceding six months, as certified

by the institutional cashier[.]” R.C. 2969.25(C)(1). The Ohio Supreme Court has construed these

words strictly: an affidavit that “does not include a statement setting forth the balance in [an]

inmate account for each of the preceding six months” fails to comply with R.C. 2969.25(C)(1).

(emphasis sic.) State ex rel. Roden v. Ohio Dept. of Rehab. & Corr., 159 Ohio St.3d 314, 2020-

Ohio-408, ¶ 6.

{¶4} Ms. Wright attached a Financial Certificate to be completed by the institution. All

of the blanks on the document, including those blanks that would show her account balances for

each of the previous six months, are blank, except for Ms. Wright’s signature and the notary’s

information. The statement is not signed by the institutional cashier.

{¶5} R.C. 2969.25(C) requires the filing of the statement certified by the institutional

cashier. Ms. Wright did not comply with this mandatory requirement.

{¶6} Because Ms. Wright did not comply with the mandatory requirements of R.C.

2969.25(C), this case is dismissed. Costs are taxed to Ms. Wright. 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. Civ.R. 58.

BETTY SUTTON FOR THE COURT C.A. No. 31014 Page 3 of 3

CARR, J. HENSAL, J. CONCUR.

APPEARANCES:

MICHELLE WRIGHT, Pro se, Petitioner.