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Billiter v. Banks

Court of Appeals of Ohio, Seventh District

September 26, 2013

FRED BILLITER, ET AL., PLAINTIFFS-APPELLANTS,
v.
NCI WARDEN EDWARD BANKS, RESPONDENT-APPELLEE.

Civil Appeal from Court of Common Pleas of Noble County, Ohio Case No. 212-0027

For Plaintiff-Appellant Fred Billiter, Pro-se.

For Respondent No brief filed

Hon. Gene Donofrio Hon. Cheryl L. Waite Hon. Mary DeGenaro

OPINION AND JUDGMENT ENTRY

PER CURIAM.

(¶1} Plaintiff-appellant, Fred Billiter, appeals from 22 Noble County Common Pleas Court judgments dismissing actions against defendants-appellees, N.C. I. Warden Edward Banks; O.D.R.C. Director Mohr; South Regional Director Voorhies; the Ohio Department of Rehabilitation and Corrections; the State of Ohio; Governor Kasich; N.C. I. Deputy Wardens Buchanan, LaRose, Robinson, Duffy; N.C. I. Chief Business Administrator Brenda Duffy; and N.C. I. Inst. Inspector Williams.

(¶2} On February 28, and 29, and March 12, 2012, eleven individuals each filed a "Petition and Complaint for Civil Action, " a "Class Action Plaintiffs Affidavit of Indigence, " a "Class Action Plaintiffs Affidavit of Previously Civil Filings, " and an "Individual Plaintiffs Affidavit of Grievance and Complaint Filings." The caption on all of these filings listed "FRED BILLITER, On Behalf of Two Plaintiff Classes" as the plaintiff. Appellees were listed as the defendants. Each of the eleven petitions is signed by a different inmate/plaintiff and gives their inmate number. The complaints do not provide the addresses for any of the named defendants. For many of the defendants, the complaints do not even provide their first names. Notably, none of these filings were signed by appellant.

(¶3} On March 1, 2012, the same eleven inmates each filed a "Filings to Join in Petition and Complaint for Civil Action' as a Similarly Situated Plaintiff/Inmate of N.C. I." The captions once again listed appellant as the plaintiff and appellees as the defendants. And once again, none of these filings were signed by appellant.

(¶4} Each of the February 28, 29, and March 1, 2012 filings was assigned a separate case number by the clerk of courts, resulting in 22 separate cases.

(¶5} On June 27, 2012, the trial court put on 22 identical judgment entries stating the complaints failed to include addresses for the parties as required by Civ.R. 10(A). Therefore, the court dismissed all 22 of the cases. The judgment entries also stated that costs were assessed to "Plaintiff/Petitioner." Copies of the individual judgment entries were mailed to each of the eleven plaintiffs/ inmates. Copies of all 22 judgment entries were also mailed to appellant.

(¶6} Appellant filed a timely notice of appeal listing all 22 case numbers and requested that the cases be consolidated on appeal. None of the eleven plaintiffs/ inmates has filed a notice of appeal.

(¶7} Additionally, none of the appellees has filed a response. Presumably, this is because their addresses were not listed and they were never even served with copies of the complaints.

(¶8} For the following reasons, we must dismiss this appeal.

(¶9} Appellant does not have standing to appeal the individual judgment entries in cases filed by the eleven plaintiffs/inmates. Only those parties who can demonstrate a present interest in the subject matter of the litigation and who have been prejudiced by the trial court's decision have standing to file an appeal. Still v. Hayman, 153 Ohio App.3d 487, 794 N.E.2d 751, 2003-Ohio-4113, ΒΆ26 (7th Dist.). Appellant does not have a present ...


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