[Cite as State ex rel. Robinson v. Summit Cty. Clerk of Courts, 2019-Ohio-3087.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO EX REL. JACKIE C.A. No. 29377
N. ROBINSON
Relator
v.
SUMMIT COUNTY CLERK OF ORIGINAL ACTION IN
COURTS MANDAMUS
Respondent
Dated: July 31, 2019
PER CURIAM.
{¶1} Relator, Jackie Robinson, is incarcerated in the Lake Erie Correctional
Institution. He petitioned the Eleventh District Court of Appeals for a writ of mandamus
directed to the Summit County Clerk of Courts to order the Clerk to provide him with
copies of public records. Because venue was improper in the Eleventh District Court of
Appeals, that court transferred the action to the Ninth District Court of Appeals.
{¶2} Mr. Robinson previously filed an action raising the same claim in this Court
in case number 29083. That case was dismissed because Mr. Robinson failed to comply
with the mandatory requirements of R.C. 2969.25. Once again, Mr. Robinson has failed
to comply with the mandatory requirements of this statute and, therefore, this Court
dismisses the petition.
C.A. No. 29377
Page 2 of 3
{¶3} R.C. 2969.25 sets forth specific filings requirements for inmates who file a
civil action against a government employee or entity. The Summit County Clerk of
Courts is a government entity. R.C. 2969.21. Mr. Robinson, incarcerated in the Lake
Erie Correctional Institution, 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, 106
Ohio St.3d 63, 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.”).
{¶4} Mr. Robinson failed to comply with R.C. 2969.25(A), which 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.” For each action or appeal, the affidavit
must contain the case name, the case number, the court in which the case was filed, the
name of each party, a brief description of the nature of the action or appeal, and the
outcome. R.C. 2969.25(A)(1) through (4).
{¶5} Mr. Robinson attached an affidavit to his petition in which he swore “that I
cannot recall all of the civil actions and appeals that I have filed in various courts * * *.”
By his own admission, therefore, the affidavit is incomplete and fails to comply with R.C.
2969.25(A). The affidavit was filed in September 2018, two months after case number
29083 was dismissed, but the affidavit failed to include that case.
C.A. No. 29377
Page 3 of 3
{¶6} Mr. Robinson included eight cases on the list he could recall. While he
included the case number and court in which the action was filed, he did not comply with
the other requirements of R.C. 2969.25(A) by including the case name, the court in which
the case was filed, the name of each party, a brief description of the nature of the action
or appeal, and the outcome.
{¶7} Because Mr. Robinson did not comply with the mandatory requirements of
R.C. 2969.25, the case is dismissed. Costs taxed to Mr. Robinson. 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.
THOMAS A. TEODOSIO
FOR THE COURT
CARR, J.
SCHAFER, J.
CONCUR.
APPEARANCES:
JACKIE N. ROBINSON, Pro se, Relator.
SHERRI BEVAN WALSH, Prosecuting Attorney, and COLLEEN SIMS, Assistant
Prosecuting Attorney, for Respondent.