State ex rel. Rico Isaih Hairston, Petitioner,
Franklin County Court of Common Pleas, Respondents.
Isaih Hairston, pro se.
1} Relator, Rico Isaih Hairston, commenced this
original action on July 12, 2017, requesting a writ of habeas
corpus ordering his immediate release from custody. Almost
one month later on August 1, 2017, petitioner filed a motion
to appoint counsel and asserted he could not afford an
2} Pursuant to Civ.R. 53 and Loc.R. 13(M) of the
Tenth District Court of Appeals, we referred this matter to a
magistrate who issued a decision on August 23, 2017,
including findings of fact and conclusions of law, which is
appended hereto. The magistrate found that relator failed to
comply with the mandatory requirements of R.C. 2969.25(C), in
that petitioner did not pay the filing fee nor did he file a
motion to proceed in forma pauperis with the attending
required documentation, i.e., a statement of the amount in
the inmate's account for each of the preceding six months
as certified by the institutional cashier, and a statement of
all other cash and things of value owned by the inmate.
Therefore, the magistrate recommended that this court sua
sponte dismiss this action and deny his motion to appoint
3} Relator has not filed an objection to the
magistrate's decision. Instead, on August 30, 2017,
relator filed a motion for leave to amend his complaint in an
effort to comply with the mandatory requirements of R.C.
2969.25(C). We have held that a relator "cannot cure
this deficiency by attempting to comply with the statutory
requirements after the fact." State ex rel. Swain v.
Ohio Adult Parole Auth., 10th Dist. No. 16AP-519,
2017-Ohio-517, ¶ 5, affd., State ex rel Swain v.
Ohio Adult Parole Auth., Slip Opinion No. 2017-0332,
2017-Ohio-9175, holding that an inmate's belated attempt
to comply with R.C. 2969.25(C) " 'does not excuse
his noncompliance.' " Id. at ¶ 4,
quoting Fuqua v. Williams, 100 Ohio St.3d 211,
2003-Ohio-5533, ¶ 9.
4} As such, finding no error of law or other defect
on the face of the magistrate's decision, this court
adopts the magistrate's decision as our own, including
the findings of fact and conclusions of law. In accordance
with the magistrate's decision, we sua sponte dismiss
this action. Relator's remaining pending motions are
thereby rendered moot. Costs are assessed against relator.
sua sponte dismissed.
and LUPER SCHUSTER, JJ., concur.
STEPHANIE BISCA MAGISTRATE, Judge.
5} Petitioner, Rico Isaih Hairston, has filed this
original action requesting this court issue a writ of habeas
corpus ordering his immediate release from custody.