[Cite as State ex rel. Chester v. Doherty, 2024-Ohio-218.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
STATE OF OHIO ex rel. CASE NO. 2023-P-0081
ISAAC CHESTER,
Relator, Original Action for Writ of Mandamus
- vs -
THE HONORABLE:
BECKY L. DOHERTY,
Respondent.
PER CURIAM
OPINION
Decided: January 22, 2024
Judgment: Complaint dismissed
Isaac Chester, pro se, PID# A791-522, Trumbull Correctional Camp, 5701 Burnett
Street, P.O. Box 640, Leavittsburg, OH 44430 (Relator).
Victor V. Vigluicci, Portage County Prosecutor, and Theresa M. Scahill, Assistant
Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Respondent).
PER CURIAM.
{¶1} Pending before this court are: respondent, the Honorable Becky L.
Doherty’s, Motion to Dismiss filed on December 6, 2023; and relator, Isaac Chester’s,
Motion to Dismiss Respondent’s Motion to Dismiss filed on December 22, 2023.
{¶2} On October 11, 2023, Chester filed a Complaint for Writ of Mandamus.
{¶3} According to the Complaint, Chester is the defendant in Portage County
Court of Common Pleas Case No. 21CR00462, presided over by respondent, the
Honorable Becky L. Doherty. It is further alleged that, in the course of the criminal
proceedings, Judge Doherty has denied him jail time credit. Chester asks this Court to
grant him “an order to compel the Respondent to grant Relator the owed jail time credit,
and/or notify ODRC of the proper number of days of incarceration that he was confined
prior to his sentence for Portage County Court of Common Pleas Case No. 2021-CR-462,
or be granted such other relief as the court deems necessary, and appropriate to the
Relator[’]s complaint.”
{¶4} Pursuant to R.C. 2969.25(A): “At the time that an inmate commences a civil
action or appeal against a government entity or employee, the inmate shall file with the
court an affidavit that contains a description of each civil action or appeal of a civil action
that the inmate has filed in the previous five years in any state or federal court.”
{¶5} “Compliance with R.C. 2969.25(A) is mandatory, and failure to comply will
warrant dismissal.” (Citation omitted.) State ex rel. Swanson v. Ohio Dept. of
Rehabilitation & Correction, 156 Ohio St.3d 408, 2019-Ohio-1271, 128 N.E.3d 193, ¶ 6.
{¶6} Chester did not file an affidavit of prior civil actions with his Complaint.
“[T]he affidavit required by R.C. 2969.25(A) must be filed at the time the complaint is filed,
and an inmate may not cure the defect by later filings.” State ex rel. Hall v. Mohr, 140
Ohio St.3d 297, 2014-Ohio-3735, 17 N.E.3d 581, ¶ 4. Accordingly, the Complaint must
be dismissed.
{¶7} For the foregoing reasons, Judge Doherty’s Motion to Dismiss is granted
and Chester’s Complaint is dismissed.
MARY JANE TRAPP, J., MATT LYNCH, J., JOHN J. EKLUND, J., concur.
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Case No. 2023-P-0081