State ex rel. Benton v. Walker

2025 Ohio 2755

• Court: Ohio Court of Appeals
• Decided: August 6, 2025
• Docket: 31589
• Status: Published

Opinion

[Cite as State ex rel. Benton v. Walker, 2025-Ohio-2755.]

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

WILLIE BENTON C.A. No. 31589

Relator

v.

JUDGE WALKER ORIGINAL ACTION IN Respondent MANDAMUS

Dated: August 6, 2025

PER CURIAM.

{¶1} Relator, Willie Benton, has petitioned this Court for a writ of mandamus to order

Respondent, Judge Walker of the Akron Municipal Court, to docket and rule on a motion. Because

Mr. Benton failed to comply with the mandatory requirements of R.C. 2969.25, this Court must

dismiss this case.

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

action against a government employee. Judge Walker is a government employee, and Mr. Benton,

incarcerated in the Northeast Ohio Correctional Center, is an inmate. R.C. 2969.21(C) and (D). A

case must be dismissed if an 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.

{¶3} Mr. Benton failed to pay the cost deposit, as required by this Court’s Local Rules,

or comply with R.C. 2969.25(C). This section requires an inmate who seeks a waiver of the 2

prepayment of the cost deposit to file specific, statutorily required, information. In this case, Mr.

Benton neither paid the cost deposit nor sought a waiver of prepayment of the deposit. The

Supreme Court has held that failure to pay the cost deposit, as required by the court’s local rules,

or seek a waiver supported by the statutorily mandated documents requires dismissal of the case.

Dunkle v. Hill, 2021-Ohio-3835, ¶ 7. Accordingly this case must be dismissed.

{¶4} Because Mr. Benton failed to comply with the mandatory requirements of R.C.

2969.25, this case is dismissed. Costs taxed to Mr. Benton. 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(B).

SCOT STEVENSON FOR THE COURT

CARR, J. HENSAL, J. CONCUR.

APPEARANCES:

WILLIE BENTON, Pro Se, Petitioner.