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Steele v. Chillicothe Correctional Institution

Court of Appeals of Ohio, Tenth District

May 3, 2018

Charles M. Steele, Plaintiff-Appellant,
v.
[Chillicothe Correctional Institution], Warden Charlotte Jenkins et al., Defendants-Appellees.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 16CV-11128

         On brief:

          Charles M. Steele, pro se.

         On brief:

          Michael DeWine, Attorney General, and Kelly N. Brogan, for appellees.

          DECISION

          DORRIAN, J.

         {¶ 1} Plaintiff-appellant, Charles M. Steele, appeals from the January 5, 2017 judgment of the Franklin County Court of Common Pleas sua sponte dismissing his complaint. For the reasons that follow, we affirm.

         I. Facts and Procedural History

         {¶ 2} On November 22, 2016, appellant, an inmate at the Chillicothe Correctional Institution, acting pro se, filed a complaint against defendants-appellees Warden Charlotte Jenkins and Gary C. Mohr as Director of the Ohio Department of Rehabilitation and Correction.

         {¶ 3} On December 6, 2016, the trial court filed an entry with a detailed analysis of its attempt to decipher the complaint filed November 22, 2016. The court ordered appellant as follows: "re-plead [your] complaint to assert in much more detail exactly what [you] believe[] to be [your] claim or claims in this court." (Journal Entry at 3.) The trial court ordered appellant to comply "within 21 days of this Entry, or this case will be dismissed." (Journal Entry at 3.) In this same entry, the trial court stayed appellees requirement to file an answer or motion until 14 days after appellant files an amended complaint. Appellant did not file an amended complaint. Rather, on December 30, 2016, appellant filed an application for default judgment.

         {¶ 4}On January 5, 2017, the trial court denied appellant's application for default judgment and dismissed the complaint.

         {¶ 5}Appellant timely appealed on February 3, 2017.

         II. Assignment of Error

         {¶ 6}Appellant appeals and assigns the following sole[1] ...


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