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State ex rel. Johnson v. Sheeran

Court of Appeals of Ohio, Tenth District

August 22, 2013

State ex rel. Alphonso Johnson, Relator,
v.
The Honorable Judge Patrick E. Sheeran, Respondent.

IN MANDAMUS

Alphonso Johnson, pro se.

DECISION

BROWN, J.

(¶ 1} Relator, Alphonso Johnson, has filed this original action requesting that this court issue a writ of mandamus ordering respondent, the Honorable Patrick E. Sheeran, judge of the Franklin County Court of Common Pleas, to rule on a motion to dismiss his indictment that he indicates he filed May 14, 2012.

(¶ 2} This matter was referred to a magistrate of this court pursuant to Civ.R. 53(C) and LocR. 13(M) of the Tenth District Court of Appeals. The magistrate issued the appended decision, including findings of fact and conclusions of law, and recommended that this court dismiss relator's request for a writ of mandamus. No objections have been filed to that decision.

(¶ 3} As there have been no objections filed to the magistrate's decision, and it contains no error of law or other defect on its face, based on an independent review of the file, this court adopts the magistrate's decision. Relator's request for a writ of mandamus is dismissed.

Action dismissed.

KLATT, P. J, and T BRYANT, J, concur

T. BRYANT, J., retired of the Third Appellate District, assigned to active duty under authority of Section 6(C), Article IV, Ohio Constitution.

APPENDIX

Rendered on April 24, 2013

IN MANDAMUS ON SUA SPONTE DISMISSAL

MAGISTRATE'S DECISION

STEPHANIE BISCA BROOKS, MAGISTRATE ...


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