State v. Velez

Citations

• 2026 Ohio 470

Syllabus

Mandamus; Civ.R. 10(A); R.C. 2731.04; R.C. 2969.25(A); R.C. 2969.25(C). The respondent-judge's motion to dismiss is granted. The complaint for mandamus does not comply with Civ.R. 10(A) that requires the caption of a complaint must include the names and addresses of all the parties. The relator has failed to comply with R.C. 2731.04 that requires an application for a writ of mandamus must be by petition and in the name of the state in the relation of the person applying. In addition, the relator's complaint for mandamus complaint fails to contain a sworn affidavit that contains a description of each civil action or appeal filed in the previous five years as required by R.C. 2969.25(A). The complaint also fails to contain a statement certified by the institutional cashier setting forth the balance in the inmate's account for the preceding six months as required by R.C. 2969.25(C). The requirements of R.C. 2969.25 are mandatory and failure to comply with them requires dismissal. Motion to dismiss is granted.