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In re a Criminal Complaint

Court of Appeals of Ohio, Tenth District

November 16, 2017

In the Matter of a Criminal Complaint, Filed by Robert L. Hillman Against Judge Laurel A. Beatty, Appellant.

         APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 16MS-342

         On brief:

          Robert L. Hillman, pro se.

          PER CURIAM.

         {¶ 1} Robert L. Hillman appeals from a letter from the office of the Franklin County Prosecuting Attorney ("FCPA") dated April 11, 2017. For the following reasons, we dismiss this appeal for lack of a final appealable order.

         I. History

         {¶ 2} This case is the latest in a series of filings initiated by appellant seeking to cause the prosecution of certain individuals pursuant to R.C. 2935.09 and 2935.10. See Hillman v. Larrison, 10th Dist. No. 15AP-730, 2016-Ohio-666; Hillman v. O'Shaughnessy, 10th Dist. No. 16AP-571, 2017-Ohio-489.

         {¶ 3} On June 28, 2016, the administrative judge of the Franklin County Court of Common Pleas filed a copy of a letter he wrote to the court's visiting judge. In the letter, the administrative judge recused himself and referred the underlying matter to the visiting judge. Attached to the letter was a pleading filed by appellant in the common pleas court captioned "Affidavit of Accusation and Criminal Complaint, Pursuant to R.C. 2935.09 & 2935.10" against Judge Laurel Beatty of the common pleas court. On June 30, 2016, the administrative judge filed an entry recusing himself and assigning the matter to the visiting judge.

         {¶ 4} On July 6, 2016, the trial court filed a decision and entry in which the court found appellant's allegations were insufficient to establish probable cause for the issuance of a warrant pursuant to R.C. 2935.10. As a result, the court referred the matter to the FCPA for investigation.

         {¶ 5} On October 7, 2016, appellant filed a "request for a special prosecutor" asserting that the FCPA was "acting in bad faith and a[n] improper motive." On February 14, 2017, appellant filed a pleading requesting the trial court be compelled to issue a ruling or transfer the matter to another visiting judge.

         {¶ 6} On April 25, 2017, appellant filed a notice of appeal from a letter dated April 11, 2017 from the FCPA, which appellant attached to his notice of appeal. In the letter, the FCPA indicated it had reviewed appellant's case and determined that there was "insufficient evidence to support the criminal charges you have alleged" and "[a]s a result, there will be no additional action taken by this office with regard to your complaints."

         II. Assignments of Error

         {¶ 7} Appellant appeals and assigns the following three assignments of error for our review:

[I.] THE FRANKLIN COUNTY PROSECUTOR'S OFFICE VIOLATED THE APPELLANT'S STATES AND FEDERAL RIGHTS UNDER THE 1ST, 5TH AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTIONS WHEN THE PROSECUTOR FAILED TO PROVIDE APPELLANT A FULL AND FAIR REVIEW OF HIS CLAIMS PURSUANT TO HIS AFFIDAVIT OF ACCUSATION FILED UNDER R.C. 2935.09 AND R.C. 2935.10, THUS ABUSING ITS DISCRETION, AND DENYING THE APPELLANT ...

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