State ex rel. Knox v. Black

Opinion

[Cite as State ex rel. Knox v. Black, 2026-Ohio-2230.]

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

STATE OF OHIO EX REL. LARRY C.A. No. 26CA000020 KNOX

Relator v.

JENNIFER BLACK ORIGINAL ACTION IN HABEAS CORPUS

Respondent

Dated:

PER CURIAM.

{¶1} Relator, Larry Knox, has petitioned this Court for a writ of habeas corpus. Because Mr. Knox 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. Jennifer Black, the warden of Lorain Correctional Institution, is a government employee, and Mr. Knox, incarcerated in the Lorain 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.”).

{¶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 that includes “[a] brief description of the nature of the civil action or appeal. . . .” R.C. 2969.25(A)(1). In addition, the affidavit must include:

(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)(2) through (4).

{¶4} Mr. Knox filed an affidavit of prior civil actions along with his complaint. In his affidavit, he averred that he had filed two civil actions in the last five years. For each, he provided the case name and a disposition. Mr. Knox did not, however, provide the case numbers, the names of the courts in which the actions were brought, the names of the parties to each case, or a “brief description of the nature of the civil action” as required by R.C. 2969.25(A). Mr. Knox’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, and noncompliance with the statutory requirements is fatal. State ex rel. Gordon v. Summit Cty. Court of Common Pleas, 2023-Ohio-4107, ¶ 6 (9th

3

Dist.). Because Mr. Knox failed to comply with the mandatory requirements of R.C. 2969.25(A), this case is dismissed.

{¶5} Costs taxed to Mr. Knox. 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).

JILL FLAGG LANZINGER

FOR THE COURT

SUTTON, J. STEVENSON, J. CONCUR.

APPEARANCES: LARRY KNOX, Pro Se, Relator.

D. ANDREW WILSON, Attorney General, and STEPHANIE L. WATSON, Assistant Attorney General, for Respondent