State Ex Rel. Aliane v. Sheward, Unpublished Decision (10-31-2002)
State Ex Rel. Aliane v. Sheward, Unpublished Decision (10-31-2002)
Opinion of the Court
{¶ 2} This court referred the matter to a magistrate, pursuant to Civ.R. 53(C) and Section (M), Loc.R. 12 of the Tenth District Court of Appeals, who rendered a decision including findings of fact and conclusions of law. (Attached as Appendix A.) The magistrate decided this action should be dismissed because relator has failed to comply with the mandatory provisions of R.C.
{¶ 3} Upon a review of the magistrate's decision and an independent review of the record, this court finds there is no error of law or other defect on the face of the magistrate's decision and adopts it as its own, and the action is dismissed.
Action dismissed.
TYACK, P.J., and KLATT, J., concur.
{¶ 5} Findings of Fact:
{¶ 6} On April 29, 2002, relator, an inmate of the Southeastern Correctional Institution in Lancaster, Ohio, filed this original action. On that date, he filed an affidavit of indigency executed April 24, 2002. However, relator has failed to file a statement as provided by R.C.
{¶ 7} On April 29, 2002, relator filed an affidavit stating that he "has never had a civil action dismissed for it being frivolous, malicious, fail to state a claim."
{¶ 8} Conclusions of Law:
{¶ 9} It is the magistrate's decision that this court sua sponte dismiss this action on grounds that relator has failed to comply with the mandatory requirements set forth at R.C.
{¶ 10} R.C.
{¶ 11} "* * * The affidavit shall include all of the following for each of those civil actions or appeals:
{¶ 12} "(1) A brief description of the nature of the civil action or appeal;
{¶ 13} "(2) The case name, case number, and the court in which the civil action or appeal was brought;
{¶ 14} "(3) The name of each party to the civil action or appeal;
{¶ 15} "(4) The outcome of the civil action or appeal * * *."
{¶ 16} It is obvious that relator's affidavit, filed April 29, 2002, fails to satisfy the mandatory requirements of R.C.
{¶ 17} Under R.C.
{¶ 18} As previously noted, relator did not file a statement certified by the institutional cashier.
{¶ 19} Compliance with the provisions of R.C.
{¶ 20} Relator's failure to comply with the mandatory requirements of R.C.
{¶ 21} Accordingly, it is the magistrate's decision that this court sua sponte dismiss this action.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.