State ex rel. Alford v. Winters - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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THE STATE EX REL. ALFORD, APPELLANT, V. WINTERS, JUDGE, APPELLEE.
[Cite as State ex rel. Alford v. Winters (1997), ___ Ohio St.3d ___.]
Mandamus to compel judge to vacate relator's conviction and sentence and
discharge him from Lorain Correctional Institution -- Complaint
dismissed when R.C. 2969.25(A) and (C) not complied with.

(No. 97-992 -- Submitted September 23, 1997 -- Decided November 19,
1997.)

APPEAL from the Court of Appeals for Summit County, No. 18480.

In April 1997, appellant, Larry S. Alford, an inmate at Lorain Correctional
Institution, filed a complaint for a writ of mandamus in the Court of Appeals for
Summit County to compel appellee, Summit County Common Pleas Court Judge
James P. Winters, to vacate Alford's 1988 conviction and sentence and discharge
him from prison. Alford also filed affidavits of verification and indigency. The
court of appeals subsequently dismissed Alford's complaint because he "did not
file an affidavit pursuant to R.C. 2969.25(A) with his petition" and he "neither
paid the deposit against costs nor proceeded in accordance with R.C. 2969.25(C)
to obtain a waiver of the deposit."

This cause is now before the court upon an appeal as of right.
__________________

Larry S. Alford, pro se.

Maureen O'Connor, Summit County Prosecuting Attorney, and Paul
Michael Maric, Assistant Prosecuting Attorney, for appellee.
__________________

Per Curiam. We affirm the judgment of the court of appeals for the reasons
stated in its opinion. Alford failed to comply with the mandatory requirements of
R.C. 2969.25(C) in commencing his mandamus action.1 Alford does not contend

that R.C. 2969.25 is inapplicable to mandamus actions. State ex rel. Wright v.
Ohio Adult Parole Auth. (1996), 75 Ohio St.3d 82, 85, 661 N.E.2d 728, 731,
quoting R.C. 2731.09 ("Issues of fact raised by the pleadings in mandamus actions
`must be tried, and further proceedings had, in the same manner as in civil
actions.' "); cf. Martin v. United States (C.A.7, 1996), 96 F.3d 853, 854 (question
of whether mandamus action brought by federal prison inmate constitutes a "civil
action" for purposes of federal Prison Litigation Reform Act depends on the
circumstances). The court of appeals' dismissal of Alford's complaint was further
justified because habeas corpus, rather than mandamus, is the appropriate action
for persons claiming entitlement to immediate release from prison. State ex rel.
Lemmon v. Ohio Adult Parole Auth. (1997), 78 Ohio St.3d 186, 188, 677 N.E.2d
347, 349 (affirming dismissal of mandamus complaints filed by inmates).
Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
FOOTNOTE:
1.
R.C. 2969.25 provides:

"(A) At the time 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. The
affidavit shall include all of the following for each of those civil actions or
appeals:

"(1) A brief description of the nature of the civil action or appeal;

"(2) The case name, case number, and the court in which the civil action or
appeal was brought;

2

"(3) The name of each party to the civil action or appeal;

"(4) The outcome of the civil action or appeal, including whether the court
dismissed the civil action or appeal as frivolous or malicious under state or federal
law or rule of court, whether the court made an award against the inmate or the
inmate's counsel of record for frivolous conduct under section 2323.51 of the
Revised Code, another statute, or a rule of court, and, if the court so dismissed the
action or appeal or made an award of that nature, the date of the final order
affirming the dismissal or award.

"* * *

"(C) 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 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."

3