State ex rel. Brooks v. Baker Ross , 2023 Ohio 1349 ( 2023 )

[Cite as State ex rel. Brooks v. Baker Ross, 2023-Ohio-1349.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE EX REL. CARL C. BROOKS C.A. No. 30519
Relator
v.
JUDGE SUSAN BAKER ROSS
ORIGINAL ACTION IN
Respondent PROCEDENDO
Dated: April 26, 2023
PER CURIAM.
{¶1} Relator, Carl C. Brooks, has petitioned this Court for a writ of procedendo to
compel Respondent, Judge Susan Baker Ross, to rule on his “Motion for New Trial and Jury
Verdict Forms” pending in Mr. Brooks’ underlying case. Judge Baker Ross has moved to dismiss
the complaint as moot because she has ruled on the motion. Because Mr. Brooks’ did 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 Baker Ross is a government employee and
Mr. Brooks, incarcerated in the Allen 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,
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.”).
C.A. No. 30519
Page 2 of 2
{¶3} Mr. Brooks did not pay the cost deposit required by this Court’s Local Rules. He
also failed to comply with R.C. 2969.25(C), which sets forth specific requirements for an inmate
who seeks to proceed without paying the cost deposit. Mr. Brooks filed a motion to proceed
without paying the cost deposit, but his affidavit was not notarized. He also failed to file a
statement of his prisoner trust account that sets forth the balance in his inmate account for each of
the preceding six months, as certified by the institutional cashier. R.C. 2969.25(C).
{¶4} Because Mr. Brooks did not comply with the mandatory requirements of R.C.
2969.25, the case is dismissed. Costs taxed to Mr. Brooks.
{¶5} 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).
JENNIFER L. HENSAL
FOR THE COURT
CARR, J.
STEVENSON, J.
CONCUR.
APPEARANCES:
CARL C. BROOKS, Pro Se, Relator.
SHERRI BEVAN WALSH, Prosecuting Attorney, and MARRETT W. HANNA, Assistant
Prosecuting Attorney, for Respondent.