State ex rel. Robinson v. Adult Parole Auth. (Slip Opinion)
2017 Ohio 8721
| Ohio | 2017Background
- Damon Robinson, an inmate, filed a mandamus action in the Tenth District Court of Appeals seeking a new parole-revocation hearing.
- Robinson filed an “Affidavit of Prior Civil Filings” with the petition listing one prior habeas action but omitted the case name and the names of the parties.
- R.C. 2969.25(A) requires inmates to list each prior civil action or appeal from the past five years, including case name, number, court, parties, brief nature, and outcome.
- The Tenth District magistrate sua sponte recommended dismissal for failure to comply with R.C. 2969.25(A); the court of appeals dismissed the petition.
- Robinson appealed to the Ohio Supreme Court and argued he used a prison law-library form and misunderstood the statute; the APA moved to dismiss the appeal but offered no procedural basis for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Robinson complied with R.C. 2969.25(A)’s affidavit requirements | Robinson claimed he used a provided form and misunderstood requirements | APA argued dismissal was appropriate (defense defended magistrate’s decision) | Failure to include required case name and party names violated R.C. 2969.25(A); dismissal affirmed |
| Whether the APA’s motion to dismiss the appeal should be granted | Robinson opposed | APA filed a motion but cited no basis for dismissal | Motion denied because APA presented no legal basis for dismissal |
| Whether pro se status excuses noncompliance with R.C. 2969.25(A) | Robinson argued misunderstanding due to form provided | APA: procedural requirements are mandatory | Court held pro se litigants are held to same standards as represented litigants; pro se status does not excuse noncompliance |
| Whether the dismissal of the petition was proper given mandatory statute | Robinson argued procedural mistake should be excused | APA supported dismissal and defended magistrate's reasoning | Court affirmed dismissal for failure to meet mandatory statutory filing requirements |
Key Cases Cited
- State ex rel. White v. Bechtel, 99 Ohio St.3d 11 (2003) (failure to comply with R.C. 2969.25 warrants dismissal)
- State ex rel. Fuller v. Mengel, 100 Ohio St.3d 352 (2003) (pro se litigants are held to same standards as represented litigants)
- Sabouri v. Dept. of Job & Family Servs., 145 Ohio App.3d 651 (10th Dist. 2001) (pro se litigants presumed to know law and procedures)