Jones v. Allen Cty. Common Pleas Court , 2023 Ohio 2324 ( 2023 )

[Cite as Jones v. Allen Cty. Common Pleas Court, 2023-Ohio-2324.]
IN THE COURT OF CLAIMS OF OHIO
BRANDON MICHAEL JONES Case No. 2023-00351PQ
Requester Judge Lisa L. Sadler
v. JUDGMENT ENTRY
ALLEN COUNTY COMMON PLEAS
COURT
Respondent
{¶1} In this public-records case, pursuant to R.C. 2743.75(D)(2), a Special Master
has issued a Recommendation To Dismiss. The Special Master recommends dismissal
of Requester’s Complaint for failure to state a claim because Requester’s public-records
requests were not made to Respondent and, consequently, Requester has not been
aggrieved by Respondent’s alleged failure to provide the requested public records. See
State ex rel. Cincinnati Enquirer v. Deters, 148 Ohio St.3d 595, 2016-Ohio-8195, 71
N.E.3d 1076, ¶ 20 (“[i]t is axiomatic that in order to be a person aggrieved by the failure
of a public office to promptly respond to a public-records request, one must first request
records from the public office”).
{¶2} Upon independent review, the Court finds the Special Master’s
recommendation is well taken. A review of Requester’s Complaint and accompanying
attachments discloses that Requester has made public-records requests to persons and
entities other than Respondent. Requester therefore is not aggrieved by Respondent’s
alleged failure to produce the requested public records. See Deters, supra, at ¶ 20.
Case No. 2023-00351PQ -2- JUDGMENT ENTRY
{¶3} Pursuant to R.C. 2743.75(D)(2), and upon the Special Master’s
recommendation, the Court sua sponte dismisses Requester’s Complaint.1 Court costs
are assessed against Requester. The Clerk shall serve upon all parties notice of this
judgment and its date of entry upon the journal.
LISA L. SADLER
Judge
Filed June 7, 2023
Sent to S.C. Reporter 7/7/23
1 Under R.C. 2743.75(D)(2), “[n]otwithstanding any provision to the contrary in [R.C. 2743.75], upon
the recommendation of the special master, the court of claims on its own motion may dismiss [a] complaint
at any time.”