Johnson v. Southern Ohio Corr. Facility, Unpublished Decision (3-27-2003)
Johnson v. Southern Ohio Corr. Facility, Unpublished Decision (3-27-2003)
Opinion of the Court
{¶ 2} This court referred the matter to a magistrate, pursuant to Civ.R. 53(C) and Loc.R. 12(M) of the Tenth District Court of Appeals, who issued a decision including findings of fact and conclusions of law. (Attached as Appendix A.) The magistrate determined that this court should sua sponte dismiss this action based upon relator's failure to comply with the requirements of R.C.
{¶ 3} No objections have been filed to the decision of the magistrate.
{¶ 4} Finding no error or other defect on the face of the decision of the magistrate pursuant to Civ.R. 53, we adopt the decision of the magistrate as our own, including the findings of fact and conclusions of law contained in it. In accordance with the decision of the magistrate, this action is dismissed.
Action dismissed.
BOWMAN and BRYANT, JJ., concur.
Findings of Fact:
{¶ 6} 1. On September 19, 2002, relator, Frederick E. Johnson, an inmate of SOCF, filed this original action seeking a writ of mandamus against respondent SOCF.
{¶ 7} 2. Relator has not paid this court's filing fee.
{¶ 8} 3. On October 16, 2002, this court, by journal entry, informed relator that this action would be sua sponte dismissed unless the filing fee and a motion for leave to make late payment is filed by October 30, 2002.
{¶ 9} 4. On October 23, 2002, relator filed a motion for leave to proceed in forma pauperis and for leave to make late payment of the filing fee. On the final page of his motion, relator purports to depose that his statements are true; however, there is no affidavit filed in support of his motion.
{¶ 10} 5. Relator has not filed a certified statement from the institutional cashier regarding his inmate account.
{¶ 11} 6. Relator has not filed an affidavit listing each civil action or appeal that he has filed in the past five years, providing specific information regarding each action or appeal.
{¶ 12} 7. Respondent SOCF has not filed an answer or responsive motion to the complaint.
Conclusions of Law:
{¶ 13} It is the magistrate's decision that this court sua sponte dismiss this action.
{¶ 14} Under R.C.
{¶ 15} Here, as previously noted, relator's motion for leave to proceed in forma pauperis is not supported by an affidavit and a statement from the institutional cashier. Accordingly, relator has failed to comply with R.C.
{¶ 16} R.C.
{¶ 17} Compliance with the provisions of R.C.
{¶ 18} Relator's failure to comply with the mandatory requirements of R.C.
{¶ 19} 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.