State ex rel. Curley v. McCarty

• Court: Ohio Court of Appeals
• Decided: June 17, 2026
• Docket: 31778
• Status: Published

Opinion

[Cite as State ex rel. Curley v. McCarty, 2026-Ohio-2282.]

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

STATE OF OHIO EX REL. RICHARD L. C.A. No. 31778 CURLEY

Relator

v.

JUDGE ALISON MCCARTY ORIGINAL ACTION IN MANDAMUS Respondent

Dated: June 17, 2026

PER CURIAM.

{¶1} Relator, Richard L. Curley, has petitioned this Court for a writ of prohibition.

Because Mr. Curley did not comply with the mandatory requirements of R.C. 2969.25(A), this

Court must dismiss this action.

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

action against a government employee or entity. Judge McCarty is a government employee, and

Mr. Curley, incarcerated in the Marion Correctional Institution, 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 (“The requirements of R.C. 2969.25 are mandatory, and failure to comply

with them subjects an inmate’s action to dismissal.”). 2

{¶3} R.C. 2969.25(A) requires an inmate, at the time the inmate commences a civil

action against a government entity or employee, to file with the court an affidavit that contains a

description of each civil action or appeal of a civil action that the inmate has filed in the previous

five years in any state or federal court. For each action or appeal, the affidavit must contain specific

information:

(1) A brief description of the nature of the civil action or appeal;

(2) The case name, case number, and the court in which the civil action or appeal was brought;

(3) The name of each party to the civil action or appeal;

(4) The outcome of the civil action or appeal, including whether the court dismissed the civil action or appeal as frivolous or malicious under state or federal law or rule of court, whether the court made an award against the inmate or the inmate's counsel of record for frivolous conduct under section 2323.51 of the Revised Code, another statute, or a rule of court, and, if the court so dismissed the action or appeal or made an award of that nature, the date of the final order affirming the dismissal or award.

R.C. 2969.25(A)(1) through (4). This Court may take judicial notice of its own docket when

reviewing whether a petitioner has complied with the requirements of R.C. 2969.25(A). State ex

rel. Roush v. Hickson, 2023-Ohio-1696, ¶ 9.

{¶4} Mr. Clay filed an affidavit of prior civil actions along with his complaint. In his

affidavit, he included the information required by R.C. 2969.25(A) with respect to four cases.

His affidavit, however, did not include any of the information required by R.C. 2969.25(A) with

respect to a fifth case, which was filed in this Court on June 20, 2025. See State ex rel. Curley v.

Galonski, 2025-Ohio-5770 (9th Dist.). Mr. Clay’s affidavit was therefore deficient. “Compliance

with R.C. 2969.25(A) is mandatory, and a failure to comply warrants dismissal of the action.”

State ex rel. Woods v. Jenkins, 2023-Ohio-2333, ¶ 4, quoting State v. Henton, 2016-Ohio-1518, ¶

3. In other words, strict compliance with the statute is required by the Supreme Court’s decisions, 3

and noncompliance with the statutory requirements is fatal. State ex rel. Gordon v. Summit Cty.

Court of Common Pleas, 2023-Ohio-4107, ¶ 6 (9th Dist.).

{¶5} Mr. Curley’s affidavit failed to include information that must be included, pursuant

to R.C. 2969.25(A). Because Mr. Curley failed to comply with the mandatory requirements of

R.C. 2969.25(A), this case is dismissed.

{¶6} Costs taxed to Mr. Curley. 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

HENSAL, J. SUTTON, J. CONCUR.

APPEARANCES:

RICHARD L. CURLEY, Pro Se, Relator.

ELLIOT KOLKOVICH, Prosecuting Attorney, and JENNIFER M. PIATT, Assistant Prosecuting Attorney, for Respondents.