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State ex rel. Steele v. McIntosh

Court of Appeals of Ohio, Tenth District

August 2, 2018

The State ex rel. Brandon Steele, [Relator],
v.
Stephen L. McIntosh, Judge, Respondent.

          IN PROCEDENDO ON RESPONDENT'S MOTION TO DISMISS

          Brandon Steele, pro se.

          Ron O'Brien, Prosecuting Attorney, and Benjamin D. Humphrey, for respondent.

          DECISION

          TYACK, J.

         {¶ 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.

         Writ of procedendo denied; Action dismissed.

          KLATT and HORTON, JJ., concur.

         APPENDIX

         Rendered on April 3, 2018

         MAGISTRATE'S ...


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