[Cite as Gilbert v. Ohio Parole Bd., 2024-Ohio-3352.]

STATE OF OHIO ) IN THE COURT OF APPEALS

)ss: NINTH JUDICIAL DISTRICT

COUNTY OF LORAIN )

ROLAND GILBERT

Relator

v.

OHIO PAROLE BOARD, ET AL.

Respondents

C.A. No. 24CA012148

ORIGINAL ACTION IN 

MANDAMUS

Dated: September 3, 2024

PER CURIAM.

{¶1} Relator Roland Gilbert has filed a complaint for writ of mandamus seeking 

unspecified relief apparently regarding the transfer of a Lorain County Common Pleas Court case 

to Franklin County and the grant of default judgment in that case. Because Mr. Gilbert failed to 

comply with the mandatory requirements of R.C. 2969.25 in the filing of this case, this case must 

be dismissed.

{¶2} R.C. 2969.25 sets forth specific filing requirements for inmates who file a civil 

action against a government employee or entity. The Ohio Parole Board is a government entity 

and Mr. Gilbert, incarcerated in the North Central Correctional Complex, 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, 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. 24CA012148

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{¶3} One of the requirements established by R.C. 2969.25 applies when a prisoner files 

an action and requests waiver of the prepayment of the costs of the action. Mr. Gilbert did not 

comply with these requirements. Instead, the complaint asked the clerk of courts to verify that his 

action complied with R.C. 2969.25. Specifically, the complaint referenced the poverty affidavit 

and statement of institutional earnings previously filed in a separate civil action he filed in the 

Lorain County Court of Common Pleas.

{¶4} Mr. Gilbert 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. Gilbert did not file an affidavit of 

indigency requesting waiver of the prepayment of the deposit. R.C. 2969.25(C). He also did not 

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)(1). 

Finally, Mr. Gilbert did not file a statement “that sets forth all other cash and things of value” he 

owned at that time. Mr. Gilbert only included a passing reference to these requirements in his 

complaint and a request that the clerk of courts verify that he complied with all of these 

requirements.

{¶5} The Supreme Court’s decisions make clear that R.C. 2969.25(C) does not permit 

substantial compliance, let alone noncompliance. See, e.g., State ex rel. Roden v. Ohio Dept. of 

Rehab. & Corr., 2020-Ohio-408, ¶ 8. Mr. Gilbert completely failed to comply with the mandatory 

requirements of R.C. 2969.25(C). Accordingly, this case is dismissed.
C.A. No. 24CA012148

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{¶6} Costs are taxed to Mr. Gilbert. 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.

BETTY SUTTON

FOR THE COURT

HENSAL, J.

FLAGG LANZINGER, J.

CONCUR.

APPEARANCES:

ROLAND GILBERT, Pro se, Relator.