State ex rel. Martre v. N. Cent. Corr. Complex

Summary

The Supreme Court of Ohio affirmed the dismissal of Derrick Martre’s mandamus complaint against the North Central Correctional Complex. The court held that the complaint was properly dismissed without prejudice because Martre failed to submit an institutional-cashier-certified inmate account statement as required by Ohio Revised Code 2969.25(C)(1), and that the court of appeals could raise the deficiency sua sponte without notice or forfeiture by the appellees.

Holdings

1. A court of appeals need not provide notice before dismissing an inmate's civil action for failure to comply with R.C. 2969.25(C), because the dismissal is without prejudice and is not a dismissal on the merits.
2. The party-presentment rule does not bar a court of appeals from sua sponte dismissing an inmate complaint for failure to comply with the mandatory requirements of R.C. 2969.25.
3. The prison's failure to raise the R.C. 2969.25(C) defect in its answer or motion for summary judgment did not preclude the court of appeals from dismissing the complaint sua sponte.
4. An inmate seeking a waiver of appellate filing fees in a civil action against a government entity or employee must submit an affidavit of indigency containing an inmate-account statement for each of the preceding six months certified by the institutional cashier; failure to do so requires dismissal.

Questions Presented

1. Whether the court of appeals could sua sponte dismiss Martre's complaint for failure to comply with R.C. 2969.25(C)(1) without first providing notice.
2. Whether the court of appeals violated the party-presentment rule by sua sponte raising Martre's noncompliance with R.C. 2969.25(C).
3. Whether the prison forfeited the R.C. 2969.25(C) requirement by failing to assert it in its answer or motion for summary judgment.
4. Whether the court of appeals erred in denying Martre's motions to strike the prison's answer and reply brief.

Disposition

affirmed