The State ex rel. Brandon Steele, [Relator],
Stephen L. McIntosh, Judge, Respondent.
PROCEDENDO ON RESPONDENT'S MOTION TO DISMISS
Brandon Steele, pro se.
O'Brien, Prosecuting Attorney, and Benjamin D. Humphrey,
1} Brandon Steele, an inmate at Southeastern
Correctional Complex, filed this action in procedendo seeking
a writ to compel Stephen L. McIntosh, a judge of the Franklin
County Court of Common Pleas, to rule in Steele's favor
on a motion to vacate his sentence.
2} In accord with Loc.R. 13(M) of the Tenth District
Court of Appeals, the case was referred to a magistrate to
conduct appropriate proceedings.
3} Counsel for Judge McIntosh filed a motion to
dismiss this action in procedendo, alleging that Judge
McIntosh had already ruled on Steele's motion. Our
magistrate considered the merits of the motion to dismiss and
verified that Judge McIntosh has, in fact, ruled on
Steele's motion. Our magistrate therefore generated a
magistrate's decision, appended hereto, which includes a
recommendation that we dismiss this action in procedendo.
4} No party has filed objections to the
magistrate's decision. Upon review of the
magistrate's decision, we adopt the findings of fact and
conclusions of law contained therein. We, therefore, deny the
request for a writ of procedendo.
of procedendo denied; Action dismissed.
and HORTON, JJ., concur.
on April 3, 2018