State ex rel. Bates v. Copley

Summary

The Supreme Court of Ohio affirmed the dismissal of Robert Bates’s mandamus complaint against a Toledo Correctional Institution employee. The court held that Bates failed to strictly comply with R.C. 2969.25(A) because his affidavit of prior civil actions did not identify every party in several listed cases, and it denied his motion for reversal based on the appellee’s failure to file a brief.

Holdings

1. R.C. 2969.25(A) is mandatory and requires strict compliance; under R.C. 2969.25(A)(3), an inmate's affidavit must identify the name of each party to each prior civil action listed.
2. The Sixth District properly dismissed Bates's mandamus complaint sua sponte because his affidavit failed to strictly comply with R.C. 2969.25(A)(3).
3. Bates was not automatically entitled to judgment or reversal merely because Copley failed to file a merit brief; reversal under S.Ct.Prac.R. 16.07(B) requires that the appellant's brief reasonably appear to sustain reversal.
4. The merits of Bates's mandamus and statutory-damages claims were not properly before the Supreme Court because the court of appeals dismissed the action on procedural grounds and did not adjudicate the merits.

Questions Presented

1. Whether Bates strictly complied with R.C. 2969.25(A)(3) by identifying the name of each party to every prior civil action listed in his inmate affidavit.
2. Whether the Sixth District Court of Appeals properly dismissed Bates's mandamus complaint sua sponte for noncompliance with R.C. 2969.25(A).
3. Whether Bates was entitled to reversal under S.Ct.Prac.R. 16.07(B) because Copley did not file a merit brief.
4. Whether the Supreme Court should reach the merits of Bates's mandamus and statutory-damages claims.

Disposition

affirmed