[Cite as State ex rel. Fine v. Kalo , 2020-Ohio-3310.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN )

STATE OF OHIO EX REL. ALBERT C. FINE

Relator

v. TED KALO, LORAIN MUNICIPAL COURT Respondent C.A. No. 20CA011633

ORIGINAL ACTION IN MANDAMUS

Dated: June 15, 2020

PER CURIAM. {¶1} Relator Albert C. Fine has filed a petition asking this Court f or a writ of mandamus ordering Respondent, Ted Kalo, Cl erk of the Lorain Municipal Co urt, to provide him with documents he requested, but did not receive, in a public record s request. Because Mr. Fine’s petition does not comply with the mandatory requirements of R.C . 2969.25, this Court must

dismiss this action. {¶2} R.C. 2969.25 sets forth specific filing requirements for inmate s who file a civil action against a government employee or entity. Mr. Kalo, cler k of the Lorain Municipal Court, is a government employee and Mr. Fine, incarcerated in the Nort heast Ohio Correctional Center, is an inmate. R.C. 2969.21(C) and (D). A case must be dismisse d if the inmate fails to comply with the mandatory requirement s of R.C. 2969.25 in the commence ment 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 toC.A. No. 20CA011633 Page 2 of 3 dismissal.”). Mr. Fine failed to comply with the requirements regarding his motion to waive prepayment of the cost deposit. {¶3} An inmate seeking waiver of filing fees, as Mr. Fine did here, must file an affidavit of indigency. The affidavit must include, among other things, “[a] statement that sets forth the

balance in the inmate account of the inmate for each of the pre ceding six months, as certified by the institutional cashier[.]” R .C. 2969.25(C)(1). The statute requires specific information be provided: an affidavit that “does not include a statement sett ing forth the balance in [an] inmate

account for each of the preceding six months” fails to comply with R.C. 2969.25( C)(1). State ex rel. Roden v. Ohio Dept. of Rehab. & Corr. , Slip Opinion No. 2020-Ohio-408, ¶ 6 (emphasis

sic. ). Mr. Fine’s affidavit of indigency only states that he does not have anything of value to pay the cost associated with this action; it does not meet any of t he requirements of t he statute. “‘R.C. 2969.25(C) does not permit substan tial compliance[,]’” it requi res strict adherence by the filing

inmate. Id . at ¶ 8, citing State ex rel. v. Neil v. French , 153 Ohio St.3d 271, 2018-Ohio-2692, ¶ 7. Therefore, Mr. Fine’s affida vit does not comply with the ma ndatory requirements of R.C. 2969.25(C)(1). {¶4} Because Mr. Fine did not comply with the mandatory requirements of R.C. 2969.25, this case is dismissed. Costs are taxed to Mr. Fine. The clerk of courts is hereby directed to serve upon all parties not in default notice of thi s judgment and its date of entry upon the journal. See Civ.R. 58.

LYNNE S. CALL AHAN FOR THE COURTC.A. No. 20CA011633 Page 3 of 3

SCHAFER, J. TEODOSIO, J. CONCUR.

APPEARANCES: ALBERT C. FINE, Pro se, Relator. PATRICK D. RILEY, Law Director, and Joseph T. LaVeck, Assistant Law Director & Police Legal Advisor, for Respondent.