Weaver v. Ohio Adult Parole Auth., Unpublished Decision (9-26-2006)
Weaver v. Ohio Adult Parole Auth., Unpublished Decision (9-26-2006)
Opinion of the Court
{¶ 2} The matter was referred to a magistrate of this court pursuant to Civ.R. 53(C) and Loc.R. 12(M) of the Tenth District Court of Appeals. The magistrate issued a decision that includes findings of fact and conclusions of law and recommended that this court grant respondent's motion to dismiss the complaint because relator failed to meet the mandatory filing requirements set forth in R.C.
{¶ 3} Pursuant to Civ.R. 53(E)(4), the court conducted a full review of the magistrate's decision. The court finds that there is no error of law or other defect upon the face of the decision. Therefore, this court adopts the magistrate's decision. Respondent's motion to dismiss is granted.
Motion to dismiss granted.
Klatt, P.J., and Sadler, JJ, concur.
Jim Petro, Attorney General, and Mark J. Zemba, for respondent.
Findings of Fact:
{¶ 5} 1. On November 14, 2005, relator, an LCI inmate, filed this original action against a governmental entity.
{¶ 6} 2. Relator has not paid the filing fees for the filing of an original action in this court.
{¶ 7} 3. With his complaint, relator filed a document captioned affidavit of indigency which he executed September 9, 2005.
{¶ 8} 4. Relator has not filed a statement of the amount in his inmate account for the preceding six months as certified by the institutional cashier pursuant to R.C.
{¶ 9} 5. Relator has not filed the affidavit required by R.C.
{¶ 10} 6. On December 2, 2005, respondent filed a motion to dismiss.
{¶ 11} 7. On December 21, 2005, relator filed a written response to the motion to dismiss.
Conclusions of Law:
{¶ 12} It is the magistrate's decision that this court grant respondent's motion to dismiss.
{¶ 13} R.C.
* * * 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;
(3) The name of each party to the civil action or appeal;
(4) The outcome of the civil action or appeal * * *.
{¶ 14} Under R.C.
{¶ 15} Compliance with the provisions of R.C.
{¶ 16} Relator's failure to comply with the mandatory requirements of R.C.
{¶ 17} Accordingly, because relator has failed to meet the mandatory filing requirements set forth at R.C.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.