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State ex rel. Brown v. Nusbaum

Supreme Court of Ohio

December 21, 2017

The State ex rel. Brown, Appellant,
v.
Nusbaum, Judge, Appellee.

          Submitted September 12, 2017

         Appeal from the Court of Appeals for Ross County, No. 16CA3572.

          Steven S. Brown, pro se.

          Benson & Sesser, L.L.C., and Mark A. Preston, for appellee.

          PER CURIAM

         {¶ 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.

         Background

         {¶ 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 charges.

         {¶ 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.

         Analysis

         Motion ...


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