Background
Willie Lagway, an Ohio inmate, filed an original mandamus action against Annette Chambers-Smith, director of the Ohio Department of Rehabilitation and Correction. He sought an order requiring the department to recalculate his prison sentence to reflect an aggregate minimum term of 15 years under former R.C. 2929.41(E)(2) and (3).
When he filed the complaint, Lagway requested waiver of the filing fee and security deposit through an affidavit of indigency. But he did not attach a certified statement showing the balance of his inmate account for each of the prior six months, nor did he provide a statement identifying all other cash and things of value he owned. A magistrate recommended sua sponte dismissal for noncompliance with R.C. 2969.25(C). After that recommendation, Lagway objected, withdrew his poverty affidavit, and sought to submit the filing fee.
The Court’s Holding
The Tenth District adopted the magistrate’s decision and sua sponte dismissed the mandamus action. Ohio law requires an inmate seeking waiver of appellate filing fees to strictly comply with R.C. 2969.25(C), including filing a cashier-certified six-month account statement and a statement of other assets with the complaint.
Lagway’s later attempt to withdraw his indigency affidavit and pay the fee did not cure the defect. The court held that an inmate must either submit a compliant fee-waiver affidavit or pay the required filing fees when the action is commenced; the omitted materials cannot later be added or amended. Because Lagway satisfied neither requirement at filing, the court did not reach his remaining objections or the merits of his sentence-calculation claim. All pending motions were dismissed as moot.
Key Takeaways
- Inmate litigants seeking a filing-fee waiver must strictly comply with R.C. 2969.25(C).
- A general affidavit of poverty does not substitute for a certified six-month inmate-account statement and a statement of other assets.
- Later payment of the filing fee or withdrawal of an indigency affidavit cannot cure noncompliance existing when the action was filed.
Why It Matters
The decision reinforces that Ohio’s inmate-filing requirements are mandatory procedural prerequisites, even where the underlying action seeks mandamus relief concerning sentence computation. Courts may dismiss such actions sua sponte without reaching the merits when the required filing materials or advance fees are absent at commencement.