The State ex rel. Brown, Appellant,
Nusbaum, Judge, Appellee.
Submitted September 12, 2017
from the Court of Appeals for Ross County, No. 16CA3572.
S. Brown, pro se.
& Sesser, L.L.C., and Mark A. Preston, for appellee.
1} We affirm the judgment of the Fourth District
Court of Appeals dismissing the petition of appellant, Steven
S. Brown, for a writ of mandamus.
2} In September 2014, Brown filed a demand and a
supporting affidavit in the Ross County Common Pleas Court
under R.C. 2935.09. He sought the issuance of criminal
warrants against numerous employees of Aramark Correctional
Services, Inc., the Ohio Department of Rehabilitation and
Correction, and the Ohio attorney general. See Brown v.
Mohr, Ross C.P. No. 14CI000390.
3} In January 2015, appellee, Judge Scott W.
Nusbaum, issued an entry referring Brown's affidavit to
the Ross County prosecuting attorney for investigation. The
prosecutor refused to investigate and did not bring criminal
4} In August 2016, Brown moved the trial court to
enter a final order in the R.C. 2935.09 proceeding, so that
he could file an appeal. The trial court denied the motion
and Brown's subsequent motion for reconsideration.
5} In October 2016, Brown filed a complaint for a
writ of mandamus in the Fourth District Court of Appeals,
seeking an order to compel Judge Nusbaum to issue a final,
appealable order in the R.C. 2935.09 proceeding so that Brown
can pursue an appeal. The appeals court granted Judge
Nusbaum's motion to dismiss under Civ.R. 12(B)(6).
6} Brown's appeal and Judge Nusbaum's
unopposed motion to strike Brown's merit brief are now
before this court.