[Cite as State ex rel. Robinson v. Adult Parole Auth., 2018-Ohio-2101.]

IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

The State ex rel. Damon Robinson, : 

 

 Relator, : 

 No. 16AP-284 

v. : 

 (REGULAR CALENDAR) 

Ohio Adult Parole Authority, : 

 

 Respondent. : 

 

D E C I S I O N 

Rendered on May 31, 2018 

 

On brief: Damon Robinson, pro se. 

On brief: Michael DeWine, Attorney General, and George 

Horváth, for respondent. 

 

IN MANDAMUS 

ON SUA SPONTE DISMISSAL 

LUPER SCHUSTER, J. 

{¶ 1} Relator Damon Robinson has filed an original action requesting this court 

issue a writ of mandamus against respondent Ohio Adult Parole Authority. On June 15, 

2016, respondent filed a motion to dismiss.

{¶ 2} This matter was referred to a magistrate of this court pursuant to Civ.R. 53(C) 

and Loc.R. 13(M) of the Tenth District Court of Appeals. The magistrate issued the 

appended decision, including findings of fact and conclusions of law, recommending this 

court sua sponte dismiss this action for relator's failure to comply with the mandatory filing 

requirements set forth in R.C. 2969.25. No objections to that decision have been filed.

{¶ 3} Finding no error of law or other defect on the face of the magistrate's decision, 

this court adopts the magistrate's decision as our own, including the findings of fact and 
No. 16AP-284 2 

conclusions of law. In accordance with the magistrate's decision, we sua sponte dismiss 

this action. Respondent's June 15, 2016 motion to dismiss is moot. 

Action dismissed. 

KLATT and SADLER, JJ., concur. 

 

 
No. 16AP-284 3 

APPENDIX 

IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

The State ex rel. Damon Robinson, : 

 

 Relator, : 

 

v. : No. 16AP-284 

 

Ohio Adult Parole Authority, : (REGULAR CALENDAR) 

 

 Respondent. : 

 

M A G I S T R A T E ' S D E C I S I O N 

Rendered on July 25, 2016

 

Damon Robinson, pro se. 

Michael DeWine, Attorney General, and George Horvath, for 

respondent.

 

IN MANDAMUS 

ON SUA SPONTE DISMISSAL 

{¶ 4} In this original action, relator, Damon Robinson, an inmate of the Belmont 

Correctional Institution ("BCI"), requests that a writ of mandamus issue against 

respondent, Ohio Adult Parole Authority. 

Findings of Fact: 

{¶ 5} 1. On April 13, 2016, relator, a BCI inmate, filed this mandamus action 

against respondent. 

{¶ 6} 2. Relator has not deposited with the clerk of this court the monetary sum 

required as security for the payment of costs. See Loc.R. 13(B) of the Tenth District Court 

of Appeals. 
No. 16AP-284 4 

{¶ 7} 3. With his complaint, relator filed a document captioned "Request to 

Proceed Informa [sic] Puaperis [sic] Declaration," which is supported by an affidavit 

executed on April 5, 2016. 

{¶ 8} Through the document, relator avers: 

I further depose that the following information regarding my 

ability to pay for costs or fees is true: 

[One] I am not employed. 

[Two] I have not received within the last twelve months 

income from a business, profession, or other selfemployment, or from rents, interest, dividends, or other 

source. 

[Three] I do not own cash or savings. 

[Four] I do not own real estate, stocks, bonds, notes, 

automobiles, or other property of value (excluding ordinary 

household furnishings and clothing). 

(Emphasis sic.) 

{¶ 9} 4. With his complaint, relator submitted a three-page document captioned 

"Inmate Demand Statement," which contains entries relating to relator's inmate account 

from October 1, 2015 through March 29, 2016. The document is not certified by the 

institutional cashier as required by R.C. 2969.25(C)(1). 

{¶ 10} 5. With his complaint, relator submitted a document captioned "Affidavit 

of Prior Civil Filings {R.C. §2969.25(C)}." The affidavit was executed April 5, 2016. The 

affidavit avers: 

Affidavit of DAMON ROBINSON, Inst.#A695-349, 

Pursuant to O.R.C. § 2969.25(C); Mr. Robinson hereby 

submits that he has previously filed One (1) Civil Actions [sic] 

in the past five years. 

1) State Habeas Corpus Petition in the Seventh District Court 

of Appeals, case number 15 BE 62. The Outcome: The Habeas 

Corpus was dismissed on procedural grounds, an appeal of 

right is pending in the Ohio Supreme Court. S.Ct. 

(Emphasis sic.) 
No. 16AP-284 5 

{¶ 11} 6. With his complaint, relator submitted another document captioned 

"Affidavit of Prior Civil Filings {R.C. §2969.25(C)}." However, this document does not 

contain an affidavit. The document states: 

Affidavit of DAMON ROBINSON, Inst.#A695-349, 

Pursuant to O.R.C. § 2969.25(C); Mr. Robinson hereby 

submits that he has previously filed One (1) Civil Actions [sic] 

in the past five years. 

1) State Habeas Corpus Petition in the Seventh District Court 

of Appeals, case number 15 BE 62. The Outcome: The Habeas 

Corpus was dismissed on procedural grounds, an appeal of 

right is pending in the Ohio Supreme Court. S.Ct. Case 

number __________. 

(Emphasis sic.) 

{¶ 12} 7. On April 22, 2016, the magistrate issued an order denying relator's April 

13, 2016 request or application for leave to proceed in forma pauperis. The magistrate's 

order instructed the clerk to collect fees and assess costs in accordance with R.C. 2969.22. 

{¶ 13} 8. On June 15, 2016, respondent filed a motion to dismiss. 

{¶ 14} 9. On July 15, 2016, relator filed a document captioned "Petitioner's Reply 

to Respondent's Motion to Dismiss Mandamus Action." 

Conclusions of Law: 

{¶ 15} It is the magistrate's decision that this court sua sponte dismiss this action. 

 R.C. 2969.25 provides: 

(A) At the time that an inmate commences a civil action or 

appeal against a government entity or employee, the inmate 

shall file with the court an affidavit that contains a description 

of each civil action or appeal of a civil action that the inmate 

has filed in the previous five years in any state or federal court. 

The affidavit shall include all of the following for each of those 

civil actions or appeals: 

(1) A brief description of the nature of the civil action or 

appeal; 

(2) The case name, case number, and the court in which the 

civil action or appeal was brought; 
No. 16AP-284 6 

(3) The name of each party to the civil action or appeal; 

(4) The outcome of the civil action or appeal, including 

whether the court dismissed the civil action or appeal as 

frivolous or malicious under state or federal law or rule of 

court, whether the court made an award against the inmate or 

the inmate’s counsel of record for frivolous conduct under 

section 2323.51 of the Revised Code, another statute, or a rule 

of court, and, if the court so dismissed the action or appeal or 

made an award of that nature, the date of the final order 

affirming the dismissal or award. 

* * * 

(C) If an inmate who files a civil action or appeal against a 

government entity or employee seeks a waiver of the 

prepayment of the full filing fees assessed by the court in 

which the action or appeal is filed, the inmate shall file with 

the complaint or notice of appeal an affidavit that the inmate 

is seeking a waiver of the prepayment of the court’s full filing 

fees and an affidavit of indigency. The affidavit of waiver and 

the affidavit of indigency shall contain all of the following: 

(1) A statement that sets forth the balance in the inmate 

account of the inmate for each of the preceding six months, as 

certified by the institutional cashier; 

(2) A statement that sets forth all other cash and things of 

value owned by the inmate at that time. 

{¶ 16} Relator's two documents, each captioned "Affidavit of Prior Civil Filings," 

fail to comply with the mandatory filing requirements set forth at R.C. 2969.25(A). 

{¶ 17} The first of the two documents indicates that relator has previously filed one 

civil action in the last five years. Relator indicates on the document that the prior civil 

action was a habeas corpus petition filed in the Seventh District Court of Appeals and that 

the action was assigned case No. 15 BE 62. Relator further indicates that the outcome was 

dismissal and his subsequent appeal to the Supreme Court of Ohio. 

{¶ 18} The document fails to give the name of each party to the habeas corpus 

action filed in the court of appeals and the appeal to the Supreme Court. Relator fails to 

give the case number of the appeal to the Supreme Court. 
No. 16AP-284 7 

{¶ 19} The second document fails to satisfy R.C. 2969.25(A) in the same manner 

as the first document. 

{¶ 20} Relator has also failed to satisfy the mandatory filing requirement set forth 

at R.C. 2969.25(C)(1). That is, while relator filed a three-page document captioned 

"Inmate Demand Statement," the document is not certified by the institutional cashier. 

{¶ 21} The magistrate concludes that relator has failed to satisfy the mandatory 

filing requirements set forth at R.C. 2969.25(A) and (C). See State ex rel. Wolfe v. Ohio 

Adult Parole Auth., 10th Dist. No. 15AP-1118, 2016-Ohio-1554. 

{¶ 22} Thus, this court must sua sponte dismiss this action. Fuqua v. 

Williams, 100 Ohio St.3d 211, 2003-Ohio-5533; Hawkins v. S. Ohio Corr. Facility, 102 

Ohio St.3d 299, 2004-Ohio-2893. 

{¶ 23} Accordingly, for all the above reasons, it is the magistrate's decision that this 

court sua sponte dismiss this action. It is further the magistrate's decision that 

respondent's June 15, 2016 motion to dismiss is moot. 

 

 /S/ MAGISTRATE 

 KENNETH W. MACKE 

NOTICE TO THE PARTIES 

Civ.R. 53(D)(3)(a)(iii) provides that a party shall not assign as 

error on appeal the court's adoption of any factual finding or 

legal conclusion, whether or not specifically designated as a 

finding of fact or conclusion of law under Civ.R. 53(D)(3)(a)(ii), 

unless the party timely and specifically objects to that factual 

finding or legal conclusion as required by Civ.R. 53(D)(3)(b).