The State ex rel. Martin Richardson, Relator,
Judge Kimberly Cocroft, Respondent.
PROCEDENDO ON OBJECTIONS TO THE MAGISTRATE'S DECISION
Richardson, pro se.
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
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.
overruled; case dismissed.
and HORTON, JJ., concur.
on September 22, 2016
PROCEDENDO ON SUA ...