State ex rel. Guyton v. Jones ( 2021 )

[Cite as State ex rel. Guyton v. Jones, 2021-Ohio-430.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO EX REL. JUSTIN
GUYTON
C.A. No. 29893
Relator
v.
ORIGINAL ACTION IN
JUDGE CORRIGALL JONES PROCEDENDO
Respondent
Dated: February 17, 2021
PER CURIAM.
{¶1} Relator Justin Guyton has filed a complaint seeking a writ of procedendo asking
this Court to order Respondent, Summit County Common Pleas Court Judge Corrigall Jones, to
rule on a pending motion. Respondent has moved to dismiss, arguing that the outstanding motion
has been ruled on. Because Mr. Guyton’s petition does not comply with the mandatory
requirements of R.C. 2969.25, 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 Corrigall Jones is a government employee
and Mr. Guyton, incarcerated in the Ohio State Penitentiary, 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
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failure to comply with them subjects an inmate’s action to dismissal.”). Mr. Guyton failed to
comply with one requirement.
{¶3} An inmate seeking waiver of filing fees, as Mr. Guyton is here, must file an
affidavit of indigency. The affidavit must include, among other things, “[a] statement that sets
forth the balance in the inmate account of the inmate for each of the preceding six months, as
certified by the institutional cashier[.]” R.C. 2969.25(C)(1). The Ohio Supreme Court has
construed these words strictly: an affidavit that “does not include a statement setting forth the
balance in [an] inmate account for each of the preceding six months” fails to comply with R.C.
2969.25(C)(1). (emphasis sic.) State ex rel. Roden v. Ohio Dept. of Rehab. & Corr., 159 Ohio
St.3d 314, 2020-Ohio-408, ¶ 6.
{¶4} Mr. Guyton’s affidavit only states that he works at the prison and receives $16 per
month in pay. He included a statement from the prison cashier, but that statement provides a
sixth month average; it does not provide the balance in the inmate account for each of the six
months preceding his petition before this Court. “‘R.C. 2969.25(C) does not permit substantial
compliance[;]’” it requires strict adherence by the filing inmate. Id. at ¶ 8, citing State ex rel.
Neil v. French, 153 Ohio St.3d 271, 2018-Ohio-2692, ¶ 7. Therefore, Mr. Guyton’s affidavit
does not comply with the mandatory requirements of R.C. 2969.25(C)(1).
{¶5} Because Mr. Guyton did not comply with the mandatory requirements of R.C.
2969.25, this case is dismissed. Costs are taxed to Mr. Guyton. The clerk of courts is hereby
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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.
DONNA J. CARR
FOR THE COURT
TEODOSIO, J.
CALLAHAN, J.
CONCUR.
APPEARANCES:
JUSTIN GUYTON, Pro se, petitioner.
SHERRI BEVAN WALSH, Prosecuting Attorney, and RAYMOND J. HARTSOUGH and
JOHN GALONSKI, Assistant Prosecuting Attorneys, for Respondent.