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State ex rel. Head v. Brown

Court of Appeals of Ohio, Tenth District

January 10, 2017

The State ex rel. Michael Head, Relator,
v.
Judge Chris Brown, Respondent.

         IN PROCEDENDO ON RESPONDENT'S MOTION TO DISMISS

         On brief:

          Michael Head, pro se.

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Benjamin D. Humphrey, for respondent.

          DECISION

          TYACK, P.J.

         {¶ 1} Michael Head filed this action in procedendo seeking to compel a ruling on a petition Head filed in his criminal case. The petition had been filed when a previous judge was handling Head's criminal case.

         {¶ 2} In accord with Loc.R. 13 of the Tenth District Court of Appeals, this case in procedendo was referred to a magistrate of this court. The magistrate became aware that after Head filed his action in procedendo, the judge now assigned to Head's case had ruled on Head's petition. As a result, our magistrate filed a magistrate's decision, appended hereto, recommending to the court that the procedendo case be dismissed. This appellate court did not need to issue a writ to compel an act which had already been performed. The magistrate indicated that it would not be appropriate to assess court costs against Head since the common pleas court took over five years to rule on Head's petition.

         {¶ 3} We adopt the findings of fact and conclusions of law contained in the magistrate's decision. We dismiss this case with no costs to be assessed against either party.

         Case dismissed.

          BROWN and HORTON, JJ., concur.

         APPENDIX

         Rendered on October 20, 2016

         IN PROCEDENDO ON ...


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