[Cite as State ex rel. Whitt v. Coshocton Common Pleas Court, 2013-Ohio-3550.]
COURT OF APPEALS
COSHOCTON COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO, ex rel., STEPHEN H. JUDGES:
WHITT Hon. W. Scott Gwin, P. J.
Hon. Sheila G. Farmer, J.
Relator Hon. John W. Wise, J.
-vs-
Case No. 2013CA0011
COSHOCTON COMMON PLEAS
COURT
Respondent OPINION
CHARACTER OF PROCEEDING: Petition for Writ of Mandamus
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: August 15, 2013
APPEARANCES:
For Relator For Respondent
STEPHEN H. WHITT JASON W. GIVEN
L. E. C. I. PROSECUTING ATTORNEY
Post Office Box 56 318 Chestnut Street
Lebanon, Ohio 45036 Coshocton, Ohio 43812
Coshocton County, Case No. 2013CA0011 2
Wise, J.
{¶1} Relator, Stephen H. Whitt, has filed a petition for writ of mandamus.
Although it is not entirely clear what relief Relator seeks, the Court believes Relator is
requesting the Respondent be ordered to cause certain people to be arrested on
kidnapping charges.
{¶2} Respondent has filed a motion to dismiss essentially arguing Relator has
no clear legal right to the relief requested.
{¶3} We find it unnecessary to address the claim raised in the Petition because
we find Relator has failed to comply with the procedural requirements for a mandamus
complaint.
{¶4} Relator has failed to comply with R.C. 2969.25 by failing to file an affidavit
detailing his prior civil filings. The Supreme Court has held, “[t]he requirements of R.C.
2969.25 are mandatory, and failure to comply with them subjects an inmate's action to
dismissal.” State ex rel. White v. Bechtel, 99 Ohio St.3d 11, 2003–Ohio–2262, 788
N.E.2d 634, ¶ 5. Noncompliance with R.C. 2969.25 warrants dismissal. State ex rel.
Graham v. Niemeyer (2005), 106 Ohio St.3d 466, 106–467, 835 N.E.2d 1250, 1251.
Coshocton County, Case No. 2012CA0011 3
{¶5} Relator's failure to include the affidavit requires dismissal of this case. For
this reason, the Petition for Writ of Mandamus is dismissed.
By: Wise, J.
Gwin, P. J., and
Farmer, J., concur.
___________________________________
HON. JOHN W. WISE
___________________________________
HON. W. SCOTT GWIN
___________________________________
HON. SHEILA G. FARMER
JWW/d 0722
Coshocton County, Case No. 2013CA0011 4
IN THE COURT OF APPEALS FOR COSHOCTON COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO, ex rel., STEPHEN H.
:
WHITT :
:
Relator :
:
-vs- : JUDGMENT ENTRY
:
COSHOCTON COMMON PLEAS COURT :
:
Respondent : Case No. 2013CA0011
For the reasons stated in our accompanying Memorandum-Opinion, the Petition
for Writ of Mandamus filed in the Court of Common Pleas of Coshocton County, Ohio, is
dismissed.
Costs assessed to Relator.
___________________________________
HON. JOHN W. WISE
___________________________________
HON. W. SCOTT GWIN
___________________________________
HON. SHEILA G. FARMER