[Cite as State ex rel. Steele v. Foley , 2020-Ohio-5128.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN )

STATE EX REL. TRACEE STEELE

Petitioner

v. KEITH FOLEY, WARDEN Respondent C.A. No. 20CA011675

ORIGINAL ACTION IN HABEAS CORPUS

Dated: November 2, 2020

PER CURIAM. {¶1} Tracee Steele has petitioned this Court for a writ of habeas co rpus to order Warden Keith Foley to release him from custody. Warden Foley has move d to dismiss because Mr. Steele previously raised the same claim in this Court and in the Ohio Supreme Court, so res judicata bars further consideration. Mr. Steele responded to the motion to dismiss. Because Mr. Steele failed to comply with the manda tory requirements of R.C. 2969.2 5(A), this Court must dismiss

this case. {¶2} R.C. 2969.25 sets forth specific filing requirements for inmate s who file a civil action against a government employee or entity. Warden Foley i s a government employee and Mr. Steele, incarcerated in the Grafton Reintegration Center, i s an inmate. R.C. 2969.21(C) and (D). A case must be dismissed if the inmate fails to comply wi th the mandatory requirements of

R.C. 2969.25 in the commencement of the action. State ex rel. Graham v. Findlay Mun. Court ,C.A. No. 20CA011675 Page 2 of 4 106 Ohio St.3d 63, 2005-Ohio-3671, ¶ 6 (“The requirements of R. C. 2969.25 are mandatory, and failure to comply with them s ubjects an inmate’s action to dism issal.”). {¶3} Mr. Steele failed to comply w ith R.C. 2969.25(A) which requires the filing of an affidavit of prior civil actions i ncluding specific, mandatory, information. The affidavit must contain a description of each civil action or appeal of a civil action that the inmate has filed in the previous five years in any state or federal court. For eac h action or appeal, the affidavit must contain the case name, the case number, the court in which the case was filed, the name of each party, a brief description of the nature of the action or appea l, and the outcome. R.C. 2969.25(A)(1) through (4). {¶4} Mr. Steele filed an affidavit of prior civil actions. He used a form that contained the following language: 1. In the previous five years, I have/have not filed any civil actions or appeals

of a civil action in sta te or federal court; 2. During the last five years, I have/have not filed any civil actions, and no

civil actions have been filed dur ing the last three years. Although it appears the form was intended for the affiant to se lect or somehow indicate “have” or “have not” in each sentence, nothing was circled or crossed out. Mr. Steele also typed the

name of one case after ea ch of these sentences:

State ex rel. Steel e v. Eppinger, 147 Ohio St.3d 404 (Habeas Co rpus) State ex rel. Steele v. McClelland, 154 Ohio St. 3d 574. (Proh ibition / Mandamus (Sic.) {¶5} Mr. Steele’s affidavit of prior civil actions failed to comply with the mandatory requirements of R.C. 2969.25(A). Although the affidavit identi fied the case name, andC.A. No. 20CA011675 Page 3 of 4 parenthetically noted the first case involved habeas corpus and the second sought prohibition and mandamus relief, Mr. Steele did not comply with the other requi rements of R.C. 2969.25(A). He failed to indicate the court in which the case was brought, the case number, the name of each party, a brief description of the nature of the action, and the outcome. R.C. 2969.25(A)(1) through (4). {¶6} The Supreme Court has held that “[c]ompliance with R.C. 2969.25 (A) is mandatory, and failure to comply will warrant dismissal.” Robinson v. Fender , 159 Ohio St.3d 99, 2020-Ohio-458, quoting State v. Henton , 146 Ohio St.3d 9, 2016-Ohio-1518, ¶ 3. The “statute requires strict compliance.” Id. Where the affidavit of prior actions does not provide all of the information required by R.C. 2969.25, the statute requir es dismissal. State ex rel. Ware v.

Walsh , 159 Ohio St.3d 120, 2020-Ohio-769, ¶ 4 (dismissal required wh ere the affidavit of prior actions did “not provide any inf ormation describing the outcome of the actions as required by R.C. 2969.25(A)(4).”). {¶7} Because Mr. Steele did not comply with the mandatory requiremen ts of R.C. 2969.25, the case is dismissed. Costs taxed to Mr. Steele. Th e clerk of courts is hereby directed to serve upon all parties not in default notice of this judgmen t and its date of entry upon the journal. Civ.R. 58.

LYNNE S. CALL AHAN FOR THE COURT

HENSAL, J. SCHAFER, J. CONCUR.C.A. No. 20CA011675 Page 4 of 4

APPEARANCES: TRACEE STEELE, Pro se, Petitioner. DAVE YOST, Ohio Attorney General, and DANIEL J. BENOIT, Associa te Assistant Attorney General, for Respondent.