State ex rel. Powe v. Lanzinger, 032119 OHSC, 2018-1121

Docket Nº:2018-1121
Opinion Judge:PER CURIAM.
Party Name:The State ex rel. Powe, Appellant, v. Lanzinger, Judge, Appellee.
Attorney:Orlando L. Powe, pro se. Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Colleen Sims, Assistant Prosecuting Attorney, for appellee.
Judge Panel:O'CONNOR, C.J., and KENNEDY, FRENCH, FISCHER, DEWINE, DONNELLY, and STEWART, JJ., concur.
Case Date:March 21, 2019
Court:Supreme Court of Ohio
 
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2019-Ohio-954

The State ex rel. Powe, Appellant,

v.

Lanzinger, Judge, Appellee.

No. 2018-1121

Supreme Court of Ohio

March 21, 2019

Submitted January 29, 2019

Appeal from the Court of Appeals for Summit County, No. 29080.

Orlando L. Powe, pro se.

Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Colleen Sims, Assistant Prosecuting Attorney, for appellee.

PER CURIAM.

{¶ 1} Appellant, Orlando L. Powe, appeals the Ninth District Court of Appeals' dismissal of his petition for a writ of mandamus against appellee, Summit County Common Pleas Court Judge Jill Lanzinger. We affirm.

{¶ 2} Powe was convicted of murder, felonious assault, and endangering children in 2002. State v. Powe, 9th Dist. Summit No. 21026, 2002-Ohio-6034.

{¶ 3} On June 22, 2018, Powe filed a petition for a writ of mandamus against Judge Lanzinger. He alleged that the trial court lacked jurisdiction over his criminal case because a criminal complaint was never filed against him. He asked the court of appeals to issue a writ compelling Judge Lanzinger to "produce a properly filed criminal complaint" or else "dismiss the judgment/conviction against [him] under Crim.R. 48(B)."

{¶ 4} On July 12, 2018, the court of appeals dismissed the mandamus petition sua sponte on the grounds that Powe failed to comply with the filing requirements of R.C. 2969.25(C). Powe appealed.

{¶ 5} An inmate who seeks a waiver of court filing fees when instituting a suit in the court of appeals against a government actor must provide (1) a statement setting forth the balance in the inmate's account for each of the preceding six months and (2) a statement that sets forth all other cash and things of value owned by the inmate at the time of filing. R.C. 2969.25(C). Failure to comply with the requirements of R.C. 2969.25(C) is grounds for dismissal of the complaint. State ex rel. Pamer v. Collier, 108 Ohio St.3d 492, 2006-Ohio-1507, 844 N.E.2d 842, ¶ 5.

{¶ 6} In this case, Powe attached to his petition a form captioned "Financial Disclosure/Affidavit of Indigency" that he claims to have received from the prison cashier at his request. The...

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