State ex rel. Chester v. Lowery , 2024 Ohio 41 ( 2024 )

[Cite as State ex rel. Chester v. Lowery, 2024-Ohio-41.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
TRUMBULL COUNTY
STATE OF OHIO ex rel. CASE NO. 2023-T-0078
ISAAC CHESTER,
Relator, Original Action for Writ of Mandamus
- vs -
FELEPA LOWERY,
Respondent.
PER CURIAM
OPINION
Decided: January 8, 2024
Judgment: Petition dismissed
Isaac Chester, pro se, PID# A791-522, Trumbull Correctional Camp, 5701 Burnett
Street, P.O. Box 640, Leavittsburg, OH 44430 (Relator).
Dave Yost, Ohio Attorney General, State Office Tower, 30 East Broad Street, 16th Floor,
Columbus, OH 43215 (For Respondent).
PER CURIAM.
{¶1} On September 29, 2023, Relator, Isaac Chester, filed a “Complaint for Writ
of Mandamus” in this court. Relator alleged that respondent, Felepa Lowery, as the
Trumbull Correctional Institution’s Prisons Custodian of Inmate-Grievance Records, had
failed to provide legible, verbatim, and complete grievance printouts. Relator sought
grievance printouts for grievances: TCI 000 000 000 118; TCI 000 000 000 417; and TCI
000 000 000 562 along with statutory damages for the unnecessary delay in providing the
requested public records.
{¶2} Respondent was successfully served with the complaint on October 12,
2023.
{¶3} On October 16, 2023, this Court issued an alternative writ instructing
respondent to move, plead, or otherwise respond to the petition by November 9, 2023.
{¶4} On November 6, 2023, relator filed an “Amended Complaint for Writ of
Mandamus.”
{¶5} Respondent did not file any responsive pleadings.
{¶6} On November 27, 2023, relator filed a “Motion for Peremptory Writ” arguing
that he was entitled to a peremptory writ of mandamus due to respondent’s failure to
answer this Court’s alternative writ. Again, respondent did not file any responsive
pleading.
{¶7} “Sua sponte dismissal” of an original action “without notice is warranted
when a complaint is frivolous or the claimant obviously cannot prevail on the facts alleged
in the complaint.” State ex rel. Scott v. Cleveland, 112 Ohio St.3d 324, 2006-Ohio-6573,
859 N.E.2d 923, ¶ 14, citing State ex rel. Duran v. Kelsey, 106 Ohio St.3d 58, 2005-Ohio-
3674, 831 N.E.2d 430, ¶ 7.
{¶8} 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.”
{¶9} “The requirements of R.C. 2969.25 are mandatory, and failure to comply
with them subjects an inmate’s action to dismissal.” State ex rel. White v. Bechtel, 99
Ohio St.3d 11, 2003-Ohio-2262, 788 N.E.2d 634, ¶ 5. An original action for mandamus
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Case No. 2023-T-0078
filed in the court of appeals is considered a “civil action” for the purposes of R.C.
2969.25(A). State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726,
935 N.E.2d 830, ¶ 3; State ex rel. Hawk v. Athens Cty., 106 Ohio St.3d 183, 2005-Ohio-
4383, 833 N.E.2d 296, ¶ 3.
{¶10} At the time relator filed the present action, he was an inmate at the Trumbull
Correctional Camp. Relator did not attach an affidavit to his complaint as required by R.C.
2969.25(A). Accordingly, we must dismiss relator’s complaint despite respondent’s failure
to participate in this case.
{¶11} Accordingly, relator’s “Complaint for Writ of Mandamus” is dismissed.
EUGENE A. LUCCI, P.J., JOHN J. EKLUND, J., ROBERT J. PATTON, J., concur.
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Case No. 2023-T-0078