[Cite as State ex rel. Joseph v. Perry Cty. Court, 2014-Ohio-4717.]

COURT OF APPEALS 

PERRY COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO, ex rel. 

DAVID A. JOSEPH, SR. 

 Relator 

-vsPERRY COUNTY COURT 

 Respondent 

JUDGES: 

Hon. John W. Wise, P. J. 

Hon. Patricia A. Delaney, J. 

Hon. Craig R. Baldwin, J. 

Case No. 14 CA 15 

O P I N I O N 

CHARACTER OF PROCEEDING: Petition for Writ of Mandamus 

JUDGMENT: Dismissed 

DATE OF JUDGMENT ENTRY: October 23, 2014 

APPEARANCES: 

For Relator For Respondent 

DAVID A. JOSEPH, SR., PRO SE No Appearance 

A626391 

Grafton Correctional Institution 

2500 South Avon Beldon Road 

Grafton, OHio 44044
Perry County, Case No. 14 CA 15 2

Wise, P. J. 

{¶1}. Relator, David A. Joseph, Sr., has filed a Petition for Writ of Mandamus 

requesting this Court cause the charges against him in the Perry County Court to be 

dismissed and expunged. He argues he has not received a speedy trial, and the 

charge should be dismissed for failure to prosecute. 

{¶2}. For a writ of mandamus to issue, the relator must have a clear legal right 

to the relief prayed for, the respondent must be under a clear legal duty to perform the 

requested act, and relator must have no plain and adequate remedy in the ordinary 

course of law. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 

451 N.E.2d 225. 

{¶3}. Relator is an inmate at the Ohio Department of Corrections. He has not 

filed an affidavit listing all prior civil actions as required by R.C. 2969.25 which 

provides, 

(A) At the time that an inmate commences a civil action or appeal 

against a government entity or employee, the inmate shall file with the 

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 affidavit shall include all of the following for 

each of those civil actions or appeals: 

(1) A brief description of the nature of the civil action or appeal; 

(2) The case name, case number, and the court in which the civil 

action or appeal was brought; 

(3) The name of each party to the civil action or appeal; 
Perry County, Case No. 14 CA 15 3

The outcome of the civil action or appeal, including whether the court 

dismissed the civil action or appeal as frivolous or malicious under state 

or federal law or rule of court, whether the court made an award against 

the inmate or the inmate's counsel of record for frivolous conduct under 

section 2323.51 of the Revised Code, another statute, or a rule of court, 

and, if the court so dismissed the action or appeal or made an award of 

that nature, the date of the final order affirming the dismissal or award. 

Ohio Rev. Code Ann. § 2969.25. 

{¶4}. “The requirements of R.C. 2969.25 are mandatory and failure to comply 

with them requires dismissal of an inmate's complaint. State ex rel. Washington v. Ohio 

Adult Parole Auth., 87 Ohio St.3d 258, 259, 719 N.E.2d 544 (1999), citing State ex rel. 

Zanders v. Ohio Parole Bd., 82 Ohio St.3d 421, 422, 696 N.E.2d 594 (1998). As held 

by the court of appeals, the affidavit required by R.C. 2969.25(A) must be filed at the 

time the complaint is filed, and an inmate may not cure the defect by later filings. 

Fuqua v. Williams, 100 Ohio St.3d 211, 2003-Ohio-5533, 797 N.E.2d 982, ¶ 9 (an 

inmate's “belated attempt to file the required affidavit does not excuse his 

noncompliance. See R.C. 2969.25(A), which requires that the affidavit be filed ‘[a]t the 

time that an inmate commences a civil action or appeal against a government entity or 

employee.’ [emphasis sic] ).” State ex rel. Hall v. Mohr, 2014-Ohio-3735. 

{¶5}. Because Relator did not file the required affidavit, we must dismiss the 

petition. 
Perry County, Case No. 14 CA 15 4

{¶6}. Even had we addressed the merits of the complaint, a claim for denial of 

speedy trial is not cognizable in an extraordinary-writ action. State ex rel. Barr v. 

Pittman, 2010-Ohio-4989, 127 Ohio St. 3d 32, 33, 936 N.E.2d 43. 

{¶7}. Based upon the foregoing, this cause is dismissed. 

By: Wise, P. J. 

Delaney, J., and 

Baldwin, J., concur. 

JWW/d 0929
Perry County, Case No. 14 CA 15 5