The opinion
[Cite as Gilbert v. Ohio Parole Bd., 2024-Ohio-3352.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF LORAIN )
ROLAND GILBERT
C.A. No. 24CA012148
Relator
v.
ORIGINAL ACTION IN
OHIO PAROLE BOARD, ET AL. MANDAMUS
Respondents
Dated: September 3, 2024
PER CURIAM.
{¶1} Relator Roland Gilbert has filed a complaint for writ of mandamus seeking
unspecified relief apparently regarding the transfer of a Lorain County Common Pleas Court case
to Franklin County and the grant of default judgment in that case. Because Mr. Gilbert failed to
comply with the mandatory requirements of R.C. 2969.25 in the filing of this case, this case must
be dismissed.
{¶2} R.C. 2969.25 sets forth specific filing requirements for inmates who file a civil
action against a government employee or entity. The Ohio Parole Board is a government entity
and Mr. Gilbert, incarcerated in the North Central Correctional Complex, is an inmate. R.C.
2969.21(C) and (D). A case must be dismissed if the inmate fails to comply with the mandatory
requirements of R.C. 2969.25 in the commencement of the action. State ex rel. Graham v. Findlay
Mun. Court, 2005-Ohio-3671, ¶ 6 (“The requirements of R.C. 2969.25 are mandatory, and failure
to comply with them subjects an inmate’s action to dismissal.”).
C.A. No. 24CA012148
Page 2 of 3
{¶3} One of the requirements established by R.C. 2969.25 applies when a prisoner files
an action and requests waiver of the prepayment of the costs of the action. Mr. Gilbert did not
comply with these requirements. Instead, the complaint asked the clerk of courts to verify that his
action complied with R.C. 2969.25. Specifically, the complaint referenced the poverty affidavit
and statement of institutional earnings previously filed in a separate civil action he filed in the
Lorain County Court of Common Pleas.
{¶4} Mr. Gilbert did not pay the cost deposit required by this Court’s Local Rules. He
also failed to comply with R.C. 2969.25(C), which sets forth specific requirements for an inmate
who seeks to proceed without paying the cost deposit. Mr. Gilbert did not file an affidavit of
indigency requesting waiver of the prepayment of the deposit. R.C. 2969.25(C). He also did not
file a statement of his prisoner trust account that sets forth the balance in his inmate account for
each of the preceding six months, as certified by the institutional cashier. R.C. 2969.25(C)(1).
Finally, Mr. Gilbert did not file a statement “that sets forth all other cash and things of value” he
owned at that time. Mr. Gilbert only included a passing reference to these requirements in his
complaint and a request that the clerk of courts verify that he complied with all of these
requirements.
{¶5} The Supreme Court’s decisions make clear that R.C. 2969.25(C) does not permit
substantial compliance, let alone noncompliance. See, e.g., State ex rel. Roden v. Ohio Dept. of
Rehab. & Corr., 2020-Ohio-408, ¶ 8. Mr. Gilbert completely failed to comply with the mandatory
requirements of R.C. 2969.25(C). Accordingly, this case is dismissed.
C.A. No. 24CA012148
Page 3 of 3
{¶6} Costs are taxed to Mr. Gilbert. The clerk of courts is hereby directed to serve upon
all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R.
58.
BETTY SUTTON
FOR THE COURT
HENSAL, J.
FLAGG LANZINGER, J.
CONCUR.
APPEARANCES:
ROLAND GILBERT, Pro se, Relator.