State ex rel. Pedraza v. Kimbler

[Cite as State ex rel. Pedraza v. Kimbler, 2020-Ohio-4014.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF MEDINA )
STATE EX REL. BENJAMIN
PEDRAZA, III
C.A. No. 20CA0045-M
Relator
v.
MEDINA COUNTY COURT OF ORIGINAL ACTION IN
COMMON PLEAS JUDGE JOYCE V. PROCEDENDO
KIMBLER
Respondent
Dated: August 10, 2020
PER CURIAM.
{¶1} Relator Benjamin Pedraza has filed a petition asking this Court for a writ
of procedendo ordering Respondent, Judge Joyce V. Kimbler, to rule on his pending
motions. Because Mr. Pedraza’s petition does not comply with the mandatory
requirements of R.C. 2969.25, this Court must dismiss this action.
{¶2} Mr. Pedraza failed to comply with the statutory filing mandate that requires
this Court to dismiss this case. R.C. 2969.25 sets forth specific filing requirements for
inmates who file a civil action against a government employee or entity. Judge Kimbler
is a government employee and Mr. Pedraza, incarcerated in the Grafton Reintegration
Center, 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
C.A. No. 20CA0045-M
Page 2 of 2
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.”).
{¶3} Mr. Pedraza 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.
Pedraza filed an affidavit of inability to prepay or give security for costs which asked this
Court to waive prepayment of the cost deposit. He did not, however, 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, as required by R.C.
2969.25(C).
{¶4} Because Mr. Pedraza did not comply with the mandatory requirements of
R.C. 2969.25, the case is dismissed. Costs taxed to Mr. Pedraza.
{¶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. Civ.R. 58.
LYNNE S. CALLAHAN
FOR THE COURT
HENSAL, J.
SCHAFER, J.
CONCUR.
APPEARANCES:
BENJAMIN PEDRAZA, III, Pro se, Petitioner.