Opinion
Case No. 19CA49
09-25-2019
MAURICE JACKSON Petitioner v. HAROLD MAY Respondent
APPEARANCES: For Petitioner MAURICE JACKSON Inmate #396-218 Richland Correctional Institution P.O. Box 8107 Mansfield, OH 44901 For Respondent DAVE YOST Ohio Attorney General JERRI L. FOSNAUGHT Assistant Attorney General 150 East Gay Street, 16th Floor Columbus, OH 43215
JUDGES: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.
OPINION
CHARACTER OF PROCEEDING: Writ of Habeas Corpus JUDGMENT: Dismissed APPEARANCES: For Petitioner MAURICE JACKSON
Inmate #396-218
Richland Correctional Institution
P.O. Box 8107
Mansfield, OH 44901 For Respondent DAVE YOST
Ohio Attorney General
JERRI L. FOSNAUGHT
Assistant Attorney General
150 East Gay Street, 16th Floor
Columbus, OH 43215 Wise, Earle, J.
{¶ 1} On June 3, 2019, Maurice Jackson filed a petition for writ of habeas corpus contending his prison sentence terminated on April 12, 2017, and he is therefore being wrongfully held under an expired prison term. Along with the filing of his petition, Mr. Jackson requested waiver of prepayment of the full filing fees. However, in doing so, Mr. Jackson failed to comply with the mandates of R.C. 2969.25(C), which requires an inmate who seeks waiver of prepayment of the court's filing fees to include in his or her affidavit of indigency a statement setting forth the balance in their inmate account for each of the preceding six months, as certified by the institutional cashier. "The requirements of R.C. 2969.25 are mandatory, and failure to comply with them subjects an inmate's action to dismissal." State ex rel. White v. Bechtel, 99 Ohio St.3d 11, 2003-Ohio-2262, 788 N.E.2d 634, ¶5; State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830, ¶1.
{¶ 2} Mr. Jackson subsequently filed a "Motion to Supplement the Record on Appeal," seeking to supplement his writ with the required documentation. In Boles v. Knab, 129 Ohio St.3d 222, 2011-Ohio-2858, 951 N.E.2d 389, the Ohio Supreme Court explained that delayed statements setting forth the account balance for a six-month period are not permitted by R.C. 2969.25(C). The Court affirmed the court of appeals' dismissal of petitioner's writ of habeas corpus on this basis. Id. at ¶1.
{¶ 3} Under Boles, we deny Mr. Jackson's request to supplement the record. Further, because Mr. Jackson failed to comply with the mandatory requirements of R.C. 2969.25(C) his writ of habeas corpus is dismissed.
{¶ 4} The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R. 58(B). By Earle E. Wise, Jr., J. Hoffman, P.J. and Wise, John, J. concur. EEW/ac