2022 Ohio 1296
Ohio Ct. App.2022Background
- Relator Antonio Jones, an inmate, filed an original action in the Tenth District seeking a writ of procedendo to compel the Franklin County Common Pleas judge to rule on a motion in Case No. 20CV-1621.
- Jones did not file the affidavit required by R.C. 2969.25(A) listing civil actions he had filed in the prior five years; he attached only an indigency affidavit and later claimed he had given the R.C. 2969.25 affidavit to prison staff.
- Jones argued the affidavit was unnecessary because the underlying filing (an affidavit by accusation under R.C. 2935.09(D)) was not a civil matter.
- The magistrate sua sponte recommended dismissal for failure to comply with R.C. 2969.25(A), noting Jones had filed civil actions within the past five years.
- The court took judicial notice of Jones’s prior civil filings, overruled his objection, adopted the magistrate’s decision (as modified), and dismissed the action for noncompliance with R.C. 2969.25(A).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2969.25(A) compliance is required | Jones: Not required because underlying proceeding is not civil; he also contends he provided the affidavit to staff | Court/respondent: R.C. 2969.25(A) is mandatory when an inmate has filed civil actions in prior five years; missing affidavit requires dismissal | Court: Dismissed for failure to comply; objection overruled |
| Whether a proceeding under R.C. 2935.09(D) avoids affidavit requirement | Jones: R.C. 2935.09(D) is proto-criminal, not civil, so affidavit not needed | Court: Even accepting characterization, Jones had prior civil filings within five years so affidavit was required | Court: Took judicial notice of prior civil filings and found requirement triggered |
| Whether a belated or attempted filing (gave to staff) excuses noncompliance | Jones: He drafted and turned over the affidavit; absence was inadvertent | Court: Affidavit must be filed when action is commenced; belated or missing filings do not excuse noncompliance | Court: Excuse rejected; dismissal appropriate |
Key Cases Cited
- State ex rel. White v. Bechtel, 99 Ohio St.3d 11 (Ohio 2003) (R.C. 2969.25 requirements are mandatory; failure to comply can result in dismissal)
- State ex rel. Alford v. Winters, 80 Ohio St.3d 285 (Ohio 1997) (same principle that inmate filing requirements must be followed)