Court of Appeals of Ohio, Eighth District, Cuyahoga
STATE OF OHIO, EX REL. KENNETH SLATER RELATOR
THE HONORABLE SHANNON M. GALLAGHER RESPONDENT
of Procedendo Motion No. 516851 Order No. 516563
RELATOR Kenneth Slater, pro se
ATTORNEY FOR RESPONDENT Michael C. O'Malley Cuyahoga
JOURNAL ENTRY AND OPINION
LASTER MAYS, JUDGE
Relator, Kenneth Slater, seeks a writ of procedendo directing
the respondent judgeto rule on a motion to withdraw guilty
pleas Slater asserts was filed in July 2017. Because
Slater's complaint for writ of procedendo is fatally
defective, this court dismisses the complaint.
Facts and Background
In 2013, Slater was indicted and charged with multiple
counts, including aggravated robbery, felonious assault, and
kidnapping. As part of a plea agreement, in early 2014, he
pled guilty to several counts, including those listed above.
He received an eight-year prison sentence. His convictions
and sentences were affirmed by this court. State v.
Slater, 8th Dist. Cuyahoga No. 101358, 2014-Ohio-5552.
On March 23, 2018, Slater filed a complaint for a writ of
procedendo. He seeks to have respondent judge rule on a
motion to withdraw guilty pleas Slater alleges was filed in
July 2017. The complaint is, however, unsigned.
Slater filed the same unsigned complaint for a writ of
procedendo on March 26, 2018, but attached to it an affidavit
of indigency and statement of account required by R.C.
Law and Analysis
The complaint filed on March 23, 2018, is unsigned. Civ.R. 11
requires all complaints and motions to be signed. Failure to
do so can result in the filing being disregarded as a sham or
false by the tribunal to which it is submitted. U.S. Bank
Trust, N.A. v. Jacobs, 6th Dist. Lucas No. L-14-1268,
2015-Ohio-4632, __ 12. Therefore, this court
has discretion to dismiss the complaint for Slater's
failure to sign it. State ex rel. Bardwell v. Cuyahoga
Cty. Bd. of Commrs., 127 Ohio St.3d 202, 2010-Ohio-5073,
937 N.E.2d 1274, __ 7. See also State ex
rel. Peeples v. Anderson, 73 Ohio St.3d 559, 560, 653
N.E.2d 371 (1995) (Sua sponte dismissal is appropriate
"when the complaint is frivolous or the claimant
obviously cannot prevail on the facts alleged in the
The complaint fails to comply with other rules governing
original actions in the court of appeals. R.C. 2969.25(A)
requires an affidavit that describes each civil action or
appeal filed by the petitioner within the previous five years
in any state or federal court. No such affidavit was attached
to Slater's complaint. The failure to comply with R.C.
2969.25(A) warrants dismissal of the complaint. State ex
rel. Zanders v. Ohio Parole Bd, 82 Ohio St.3d 421, 696
N.E.2d 594 (1998).
Additionally, Slater did not comply with R.C. 2969.25(C) in
his initial complaint. For inmates seeking a writ who wish to
waive the filing fee, along with the complaint, an affidavit
of indigency must be filed with a certified statement from
the prison cashier setting forth the balance in the
petitioner's private account for each of the preceding
six months. The failure to do so is a defect that may not be
cured by subsequent filings. Hazel v. Knab, 130 Ohio
St.3d 22, 2011-Ohio-4608, 955 N.E.2d 378, ¶ 1.
Therefore, Slater's later-filed complaint did not cure
this defect. This is sufficient reason to deny the petition,
deny indigency status, and assess costs against him.
State ex rel Pamer v. Collier, 108 Ohio St.3d 492,
2006-Ohio-1507, 844 N.E.2d 842.
For the above reasons, this court dismisses the complaint for
a writ of procedendo. Costs assessed against relator. The
clerk of courts is directed to serve upon the parties notice
of this judgment and its date of entry upon the journal.