State ex rel. Bey v. Loomis (Slip Opinion), 2021 Ohio 2066

Vincent El Alan Parker Bey, an inmate at Trumbull Correctional Institution (TCI), submitted a public-records request to Julie Loomis, the TCI records custodian; Loomis produced some but not all requested records.
Bey filed a mandamus action in the Eleventh District Court of Appeals to compel production of the remaining records.
Loomis moved to dismiss on the ground the action was moot and supported the motion with a sworn declaration; the court of appeals dismissed, but the Ohio Supreme Court reversed, holding the declaration did not establish mootness and remanding for further proceedings.
On remand, Loomis moved to dismiss again, arguing Bey failed to file the affidavit of prior civil actions required by R.C. 2969.25(A); the court of appeals granted the motion and dismissed the complaint for noncompliance.
Bey challenged the dismissal, arguing the motion was improper because it did not identify Civ.R. 12(B)(6) and, alternatively, that the motion should have been converted to a summary-judgment motion with notice.
The Ohio Supreme Court affirmed, holding the affidavit requirement is mandatory and the affidavit deficiency was apparent from the pleadings so conversion to summary judgment was not required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to comply with R.C. 2969.25(A) warrants dismissal	Bey did not defend the affidavit’s adequacy; he disputed procedural form of the dismissal motion	Loomis argued dismissal was warranted for failing to file the mandatory affidavit of prior civil actions	Court: Mandatory compliance required; dismissal appropriate for noncompliance
Whether a motion referencing matters outside the pleadings must be converted to summary judgment with notice	Bey argued the motion should have been converted to a Civ.R. 56 motion and he should have been given notice	Loomis argued conversion unnecessary because the deficiency was apparent from the pleadings	Court: Conversion not required where motion can be decided on the pleadings; no outside matters necessitated conversion

State ex rel. Bey v. Loomis, 155 N.E.3d 828 (Ohio 2020) (supreme court reversed mootness dismissal; declaration insufficient to show full compliance)
State v. Henton, 50 N.E.3d 553 (Ohio 2016) (failure to comply with R.C. 2969.25 is grounds for dismissal)
State ex rel. Ware v. Pureval, 157 N.E.3d 714 (Ohio 2020) (dismissal is appropriate where required inmate affidavit is missing)
State ex rel. McDougald v. Greene, 120 N.E.3d 779 (Ohio 2018) (R.C. 2969.25 applies to civil actions or appeals filed in the court of appeals)