[Cite as State ex rel. Ahreshien v. Boros, 2022-Ohio-2234.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
LUCAS COUNTY
State ex rel. Hussam A. Ahreshien Court of Appeals No. L-22-1140
Relator
v.
Judge Debra L. Boros, et al. DECISION AND JUDGMENT
Respondents Decided: June 29, 2022
*****
Hussam Ali Ahreshien, Pro se.
*****
PIETRYKOWSKI, J.
{¶ 1} This matter is before the court on the petition of relator, Hussam A.
Ahreshien, a pro se inmate, for a writ of mandamus and/or prohibition ordering
respondents, Hon. Debra L. Boros and the Lucas County Court of Common Pleas, to
vacate all orders entered by Judge Boros in case No. DR2019-0906, on the grounds that
Judge Boros was not properly assigned and lacks jurisdiction to enter any order in the
case. Upon review, we find that relator’s petition must be dismissed as facially defective
because it fails to comply with the requirements of R.C. 2969.25(C).
{¶ 2} R.C. 2969.25(C) provides,
If an inmate who files a civil action or appeal against a government
entity or employee seeks a waiver of the prepayment of the full filing fees
assessed by the court in which the action or appeal is filed, the inmate shall
file with the complaint or notice of appeal an affidavit that the inmate is
seeking a waiver of the prepayment of the court’s full filing fees and an
affidavit of indigency. The affidavit of waiver and the affidavit of
indigency shall contain all of the following:
(1) 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;
(2) A statement that sets forth all other cash and things of value
owned by the inmate at that time.
Relatedly, 6th Dist.Loc.App.R. 7(A) provides,
No complaint in non-criminal habeas corpus, mandamus,
prohibition, procedendo, or quo warranto may be accepted for filing in this
court unless the party bringing the action deposits with the clerk of (sic) the
2.
sum of $100.00 as security for the payment of the costs that may accrue in
the action. * * * If the party bringing the action * * * files with the clerk
his sworn Financial Disclosure/Affidavit of Indigency, the clerk shall file
the complaint * * * without the deposits. The party must use the Financial
Disclosure/Affidavit of Indigency approved by the Ohio Public Defender’s
Office and can be found on the Ohio Public Defender’s website, and must
be filed with current financial information for each original action. Except
in a criminal habeas corpus action, if the Financial Disclosure/Affidavit of
Indigency is filed by an inmate of a state institution it shall be
accompanied, as an exhibit thereto, by a certificate of the superintendent or
other appropriate officer of the institution stating the amount of funds, if
any, which the inmate has on deposit with the institution available to the
inmate to secure costs.
{¶ 3} In this case, relator has included the “Financial Disclosure Form” required
by 6th Dist.Loc.App.R. 7(A). However, realtor’s Financial Disclosure Form fails to
include a certified statement from the institutional cashier setting forth the balance of his
inmate account for each of the proceeding six months, as required by R.C. 2969.25(C)(1)
and 6th Dist.Loc.App.R. 7(A).
3.
{¶ 4} “Noncompliance with [R.C. 2969.25(C)] is fatal and provides a sufficient
basis for dismissing a petition.” Wills v. Turner, 150 Ohio St.3d 379, 2017-Ohio-6874,
81 N.E.3d 1252, ¶ 7. Therefore, relator’s petition is facially defective.
{¶ 5} Accordingly, upon due consideration, relator’s petition for a writ of
mandamus is not well-taken, and it is hereby dismissed. The costs of this action are
assessed to relator.
{¶ 6} The clerk is directed to serve upon the parties, within three days, a copy of
this decision in a manner prescribed by Civ.R. 5(B).
Writ Denied.
Mark L. Pietrykowski, J. ____________________________
JUDGE
Thomas J. Osowik, J.
____________________________
Christine E. Mayle, J. JUDGE
CONCUR.
____________________________
JUDGE
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.supremecourt.ohio.gov/ROD/docs/.
4.
State ex rel. Ahreshien v. Boros
Combined Opinion