State ex rel. Howard v. Turner

The Supreme Court affirmed the judgment of the court of appeals dismissing the complaint for a writ of mandamus filed by Appellant, an inmate, holding that compliance with Ohio Rev. Code 2969.26(A) is mandatory and that an inmate’s failure to comply with the statute warrants dismissal of the inmate’s action.Appellant, an inmate at the North Central Correctional Institution (NCCI), filed his complaint for a writ of mandamus against three employees of the NCCI. NCCI moved to dismiss the complaint for failure to state a claim. The court of appeals granted the motion because, among other things, Appellant failed to attach a proper affidavit as required by section 2969.26(A). The Supreme Court affirmed, holding that the court of appeals correctly dismissed Appellant’s complaint due to noncompliance with section 2969.26(A). View "State ex rel. Howard v. Turner" on Justia Law