Gilbert v. Ohio Parole Bd.

2024 Ohio 3352

• Court: Ohio Court of Appeals
• Decided: September 3, 2024
• Docket: 24CA012148
• Status: Published

Opinion

[Cite as Gilbert v. Ohio Parole Bd., 2024-Ohio-3352.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN )

ROLAND GILBERT C.A. No. 24CA012148 Relator

v. ORIGINAL ACTION IN OHIO PAROLE BOARD, ET AL. MANDAMUS

Respondents

Dated: September 3, 2024

PER CURIAM.

{¶1} Relator Roland Gilbert has filed a complaint for writ of mandamus seeking

unspecified relief apparently regarding the transfer of a Lorain County Common Pleas Court case

to Franklin County and the grant of default judgment in that case. Because Mr. Gilbert failed to

comply with the mandatory requirements of R.C. 2969.25 in the filing of this case, this case must

be dismissed.

{¶2} R.C. 2969.25 sets forth specific filing requirements for inmates who file a civil

action against a government employee or entity. The Ohio Parole Board is a government entity

and Mr. Gilbert, incarcerated in the North Central Correctional Complex, is an inmate. R.C.

2969.21(C) and (D). A case must be dismissed if the inmate fails to comply with the mandatory

requirements of R.C. 2969.25 in the commencement of the action. State ex rel. Graham v. Findlay

Mun. Court, 2005-Ohio-3671, ¶ 6 (“The requirements of R.C. 2969.25 are mandatory, and failure

to comply with them subjects an inmate’s action to dismissal.”). C.A. No. 24CA012148 Page 2 of 3

{¶3} One of the requirements established by R.C. 2969.25 applies when a prisoner files

an action and requests waiver of the prepayment of the costs of the action. Mr. Gilbert did not

comply with these requirements. Instead, the complaint asked the clerk of courts to verify that his

action complied with R.C. 2969.25. Specifically, the complaint referenced the poverty affidavit

and statement of institutional earnings previously filed in a separate civil action he filed in the

Lorain County Court of Common Pleas.

{¶4} Mr. Gilbert did not pay the cost deposit required by this Court’s Local Rules. He

also failed to comply with R.C. 2969.25(C), which sets forth specific requirements for an inmate

who seeks to proceed without paying the cost deposit. Mr. Gilbert did not file an affidavit of

indigency requesting waiver of the prepayment of the deposit. R.C. 2969.25(C). He also did not

file a statement of his prisoner trust account that sets forth the balance in his inmate account for

each of the preceding six months, as certified by the institutional cashier. R.C. 2969.25(C)(1).

Finally, Mr. Gilbert did not file a statement “that sets forth all other cash and things of value” he

owned at that time. Mr. Gilbert only included a passing reference to these requirements in his

complaint and a request that the clerk of courts verify that he complied with all of these

requirements.

{¶5} The Supreme Court’s decisions make clear that R.C. 2969.25(C) does not permit

substantial compliance, let alone noncompliance. See, e.g., State ex rel. Roden v. Ohio Dept. of

Rehab. & Corr., 2020-Ohio-408, ¶ 8. Mr. Gilbert completely failed to comply with the mandatory

requirements of R.C. 2969.25(C). Accordingly, this case is dismissed. C.A. No. 24CA012148 Page 3 of 3

{¶6} Costs are taxed to Mr. Gilbert. The clerk of courts is hereby directed to serve upon

all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R.

58.

BETTY SUTTON FOR THE COURT

HENSAL, J. FLAGG LANZINGER, J. CONCUR.

APPEARANCES:

ROLAND GILBERT, Pro se, Relator.