[Cite as Marshman v. State, 2018-Ohio-4322.]

Court of Appeals of Ohio 

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA 

JOURNAL ENTRY AND OPINION 

No. 107537

MICHAEL MARSHMAN 

PETITIONER 

vs. 

STATE OF OHIO 

RESPONDENT 

JUDGMENT:

PETITION DENIED 

Writ of Habeas Corpus 

Motion No. 520296 

Order No. 520781 

RELEASE DATE: October 24, 2018 
FOR PETITIONER 

Michael Marshman, pro se 

Inmate No. 0326983 

Cuyahoga County Jail 

P.O. Box 5600 

Cleveland, Ohio 44101 

ATTORNEYS FOR RESPONDENT

Michael C. O’Malley 

Cuyahoga County Prosecutor 

By: Frank Romeo Zeleznikar 

Assistant County Prosecutor 

The Justice Center, 8th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 

EILEEN A. GALLAGHER, A.J.: 

{¶1} Michael Marshman seeks a writ of habeas corpus based upon the allegation of 

preindictment delay in State v. Marshman, Cuyahoga C.P. No. CR-16-604668. For the 

following reasons, we decline to issue a writ of habeas corpus. 

{¶2} Initially, we find that the request for a writ of habeas corpus is procedurally 

defective. Marshman has failed to provide this court with any commitment papers in violation 

of R.C. 2725.04(D). The failure to provide this court with the basis of commitment is fatal to a 

request for a writ of habeas corpus. State ex rel. McCuller v. Callahan, 98 Ohio St.3d 307, 

2003-Ohio-858, 784 N.E.2d 108, citing State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr., 95 

Ohio St.3d 70, 71, 765 N.E.2d 356 (2002); Malone v. Lane, 96 Ohio St.3d 415, 2002-Ohio4908, 
775 N.E.2d 527; and Chari v. Vore, 91 Ohio St.3d 323, 328, 744 N.E.2d 763 (2001). Moreover, 

Marshman did not comply with the verification requirement of R.C. 2725.04. Malone at ¶ 6; 

Chari at 328. 

{¶3} Second, Marshman failed to file the affidavit of prior civil actions mandated by 

R.C. 2969.25(A). That statute requires an inmate who commences an action against a 

government entity to file with this court an affidavit that contains 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. The requirement of R.C. 2969.25(A)(1) is mandatory, and failure to comply with 

it subjects an inmate’s action to dismissal. State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 

511, 2010-Ohio-4726, 935 N.E.2d 830; State ex rel. White v. Bechtel, 99 Ohio St.3d 11, 

2003-Ohio-2262, 788 N.E.2d 634. 

{¶4} Third, R.C. 2969.25(C) requires that any inmate filing a civil action against a 

government entity or employee in forma pauperis submit with their complaint an affidavit of 

indigency and a statement that sets forth the balance in the inmate account for each of the 

preceding six months, as certified by the institutional cashier. Marshman did not provide a 

statement that sets forth the balance of his inmate account for the preceding six months, as 

required by R.C. 2969.25(C)(1). The requirements of R.C. 2969.25(C) are mandatory and 

failure to comply with them subjects the complaint to dismissal. Hazel v. Knab, 130 Ohio St.3d 

22, 2011-Ohio-4608, 955 N.E.2d 378. 

{¶5} Fourth, Civ.R. 10(A) requires Marshman to list the proper parties and their 

respective addresses in the case caption. See, e.g., Kneuss v. Sloan, 146 Ohio St.3d 248, 

2016-Ohio-3310, 54 N.E.3d 1242; State ex rel. Sherrills v. State, 91 Ohio St.3d 133, 742 N.E.2d 
651 (2001). The caption on Marshman’s petition fails to contain the name of any proper party 

or the address of any party. 

{¶6} Finally, Marshman filed a motion for dismissal of the indictment based upon 

preindictment delay, which was denied by the trial court on June 13, 2018. Marshman 

possesses an adequate remedy at law in that he may appeal the denial of his motion to dismiss for 

preindictment delay. Plassman v. Ohio Adult Parole Auth., 141 Ohio St.3d 14, 

2014-Ohio-4033, 21 N.E.3d 271, citing Arnett v. Sheets, 4th Dist. Ross No. 10CA3156, 

2010-Ohio-3985, citing State ex rel. Rowe v. McCown, 108 Ohio St.3d 183, 2006-Ohio-548, 842 

N.E.2d 51. 

{¶7} Accordingly, we grant the motion for summary judgment as filed by the Cuyahoga 

County Prosecutor. Costs to Marshman. The court directs the clerk of courts to serve all 

parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 

58(B). 

{¶8} Petition denied. 

 

EILEEN A. GALLAGHER, ADMINISTRATIVE JUDGE 

EILEEN T. GALLAGHER, J., and 

PATRICIA ANN BLACKMON, J., CONCUR