The State ex rel. Michael Head, Relator,
Judge Chris Brown, Respondent.
PROCEDENDO ON RESPONDENT'S MOTION TO DISMISS
Michael Head, pro se.
O'Brien, Prosecuting Attorney, and Benjamin D. Humphrey,
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
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.
and HORTON, JJ., concur.
on October 20, 2016
PROCEDENDO ON ...