[Cite as Thompson v. Cuyahoga Cty. Common Pleas Clerk of Courts, 2023-Ohio-4547.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

MICHAEL THOMPSON, :

Relator, :

No. 112982

v. :

CLERK OF COURTS, COMMON :

PLEAS, CUYAHOGA COUNTY,

Respondent. :

JOURNAL ENTRY AND OPINION

JUDGMENT: COMPLAINT DISMISSED

DATED: December 12, 2023

Writ of Mandamus

Motion No. 566706

Order No. 569801

Appearances:

Michael Thompson, pro se.

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and Owen Knapp, Assistant Prosecuting 

Attorney, for respondent. 

LISA B. FORBES, J.:

Michael Thompson, the relator, has filed a complaint for a writ of 

mandamus. Thompson seeks an order from this court that requires the Cuyahoga 

County Clerk of Courts (“Clerk”), the respondent, “[t]o process motion. [T]o stamp 
filed motion. Sent [copies] to all [parties]. Let process move forward so Judge 

Nancy Fuerst can make decision.” Sua sponte, we dismiss Thompson’s complaint 

for a writ of mandamus.

We find that Thompson’s complaint for mandamus is procedurally 

defective for failure to comply with R.C. 2969.25(A) and (C). The Supreme Court of 

Ohio, with regard to the mandatory requirements of R.C. 2969.25, has held that 

[t]he requirements of R.C. 2969.25 are mandatory and failure to 

comply with them requires dismissal of an inmate’s complaint. State ex 

rel. Washington v. Ohio Adult Parole Auth., 87 Ohio St.3d 258, 259, 

1999 Ohio 53, 719 N.E.2d 544 (1999), citing State ex rel. Zanders v. 

Ohio Parole Bd., 82 Ohio St.3d 421, 422, 1998 Ohio 218, 696 N.E.2d 

594 (1998). As held by the court of appeals, the affidavit required by 

R.C. 2969.25(A) must be filed at the time the complaint is filed, and an 

inmate may not cure the defect by later filings. Fuqua v. Williams, 100 

Ohio St.3d 211, 2003-Ohio-5533, ¶ 9, 797 N.E.2d 982 (an inmate’s 

“belated attempt to file the required affidavit does not excuse his 

noncompliance. See R.C. 2969.25(A), which requires that the affidavit 

be filed ‘[a]t the time that an inmate commences a civil action or 

appeal against a government entity or employee’”).

(Emphasis sic.) State ex rel. Hall v. Mohr, 140 Ohio St.3d 297, 2014-Ohio-3735, 17 

N.E.3d 581, ¶ 4. See also State ex rel. Swopes v. McCormick, 171 Ohio St.3d 492, 

2022-Ohio-4408, 218 N.E.3d 864; State ex rel. Watkins v. Andrews, 142 Ohio St.3d 

308, 2015-Ohio-1100, 29 N.E.3d 976; Foster v. State, 8th Dist. Cuyahoga 

No. 113109, 2023-Ohio-3254.

Thompson has failed to file an affidavit of prior civil actions as 

required by R.C. 2969.25(A). In addition, Thompson has failed to provide a certified 

copy of the institutional cashier’s statement, where he is incarcerated, setting forth 

the balance in his inmate account as required by R.C. 2969.25(C).
Accordingly, we sua sponte dismiss Thompson’s complaint for a writ 

of mandamus. Costs to Thompson. The court directs the clerk of courts to serve all 

parties with notice of this judgment and the date of entry upon the journal as 

required by Civ.R. 58(B).

Complaint dismissed. 

________________________

LISA B. FORBES, JUDGE

FRANK D. CELEBREZZE, III, P.J., and

MARY J. BOYLE, J., CONCUR