State ex rel. Savage v. Tone

2025 Ohio 2318

• Court: Ohio Court of Appeals
• Decided: June 30, 2025
• Docket: L-25-00104
• Status: Published

Opinion

[Cite as State ex rel. Savage v. Tone, 2025-Ohio-2318.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY

State of Ohio ex rel. Garry N. Savage Court of Appeals No. L-25-00104

Relator

v.

Tygh M. Tone DECISION AND JUDGMENT

Respondent Decided: June 30, 2025

*****

Garry N. Savage, Relator, pro se..

***** DUHART, J.

{¶ 1} This case is before the court upon the May 21, 2025 complaint for

procedendo filed by relator, Garry N. Savage, against Judge Tygh Tone. Savage alleges

that he filed a motion to withdraw a guilty plea in Erie County Case No. 2021 CR 0428,

that Judge Tone is the judge on that case, and that the motion has not been ruled on in

five months. Savage requests that we issue a writ of procedendo compelling Judge Tone to rule on Savage’s motion to withdraw his guilty plea. Upon review, we find that

Savage’s complaint must be dismissed for the following reasons.

{¶ 2} First, at the time Savage filed his complaint, he was an inmate in a state

correctional institution.1 R.C. 2969.25(A) requires that “[a]t the time that an inmate commences

a civil action or appeal against a government entity or employee, the inmate shall 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.” Failure to comply

with R.C. 2969.25(A) warrants dismissal of the complaint. State ex rel. Guess v. Clark, 2024-

Ohio-1075, ¶ 7 (6th Dist.), citing State ex rel. Kimbro v. Glavas, 2002-Ohio-5808. Savage did

not file any such affidavit.

{¶ 3} Additionally, 6th Dist.Loc.App.R. 7(A) requires a party filing a complaint for

procedendo “deposit the sum of $100 as security for the payment of the costs that may accrue in

the original action, or . . . file an affidavit of his/her inability to do so.” State v. Johnson, 2024-

Ohio-1511, ¶ 7 (6th Dist.). The failure to comply with 6th Dist.Loc.App.R. 7(A) is grounds for

sua sponte dismissal of a complaint for procedendo. See id. Here, Savage did not pay the

deposit or file an affidavit of indigency.

1 He listed his address as Lake Erie Correctional Institution.

2 {¶ 4} For the foregoing reasons,2 we dismiss Savage’s complaint and order that he pay

the costs of this action. The clerk is directed to serve upon the parties, within three days, a copy

of this decision in a manner prescribed by Civ.R. 5(B).

{¶ 5} It is so ordered.

Writ dismissed.

Christine E. Mayle, J. ____________________________ JUDGE Gene A. Zmuda, J. ____________________________ Myron C. Duhart, J. JUDGE CONCUR. ____________________________ JUDGE

This decision is subject to further editing by the Supreme Court of Ohio’s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court’s web site at: http://www.supremecourt.ohio.gov/ROD/docs/.

2 We additionally note that the Savage’s complaint seeks a writ of procedendo against an Erie County judge requesting relief in Erie County, and yet he filed his complaint in Lucas County.