Warren v. Ohio

Citations

• 2018 Ohio 4212

Syllabus

Mandamus, pending motion, defective caption – R.C. 2731.04, failure to include addresses of all parties in caption – Civ.R. 10(A), R.C. 2969.25(A), R.C. 2969.25(C), moot. The relator seeks a writ of mandamus in order to compel the trial court to issue a ruling with regard to a pending motion. The complaint for a writ of mandamus is defective because it is improperly captioned. Pursuant to R.C. 2731.04, a complaint for a writ of mandamus must be brought in the name of the state on relation of the person applying and cannot be captioned as a motion. The relator has also failed to comply with Civ.R. 10(A), which requires that the complaint must include the addresses of all parties. In addition, the relator has failed to comply with R.C. 2969.25(A) and 2969.25(C). Pursuant to R.C.2969.25, an inmate that commences a civil action against a government entity or employee must file a sworn affidavit that contains a description of each civil action or appeal of a civil action filed in the previous five years in any state or federal court. R.C. 2969.25(C)(1) requires that Warren file a statement setting forth his inmate account balance for each of the preceding six months as certified by the institutional cashier. Finally, attached to the respondent's motion for summary judgment are copies of judgment entries that demonstrate the relator's motion has been denied. Thus, the relator's request for a writ of mandamus is moot.