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State ex rel. Richardson v. Cocroft

Court of Appeals of Ohio, Tenth District

January 10, 2017

The State ex rel. Martin Richardson, Relator,
v.
Judge Kimberly Cocroft, Respondent.

         IN PROCEDENDO ON OBJECTIONS TO THE MAGISTRATE'S DECISION

         On brief:

          Martin Richardson, pro se.

          DECISION

          TYACK, P.J.

         {¶ 1} Martin Richardson filed an action in procedendo, seeking to compel common pleas court Judge Kimberly Cocroft to rule on a motion he filed a few months earlier.

         {¶ 2} In accord with Loc.R. 13 of the Tenth District Court of Appeals, the case was referred to a magistrate of this court to conduct appropriate proceedings. The magistrate, upon reviewing the document filed by Richardson, filed a magistrate's decision, appended hereto, in which she recommended that the case be dismissed because Richardson had not complied with R.C. 2969.25(A) and (C) which require that a prison inmate file an affidavit listing the actions and/or appeals the inmate has filed in the last five years and also require documents regarding the inmate prison financial account be filed.

         {¶ 3} Richardson has filed an objection to the magistrate's decision in which he does not really assert that he filed all the correct documents but asks us to allow the suit to go forward anyway.

         {¶ 4} Unfortunately for Richardson, the applicable rulings of the Supreme Court of Ohio do not give us that option.

         {¶ 5} We overrule the objection to the magistrate's decision. We adopt the findings of fact and conclusions of law in the magistrate's decision. As a result, we dismiss this case without prejudice.

         Objections overruled; case dismissed.

          BROWN and HORTON, JJ., concur.

         APPENDIX

         Rendered on September 22, 2016

         IN PROCEDENDO ON SUA ...


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