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State ex rel. Battin v. Lynch

Court of Appeals of Ohio, Tenth District

June 20, 2019

State ex rel. James L. Battin, Relator,
v.
Judge Julie Marie Lynch, Respondent.

         IN PROHIBITION

          James L. Battin, pro se.

          DECISION

          BROWN, J.

         {¶ 1} Relator, James L. Battin, has filed this original action requesting this court issue a writ of prohibition on grounds that respondent, the Honorable Julie Marie Lynch, a judge of the Franklin County Court of Common Pleas, did not have jurisdiction to proceed in his underlying criminal case.

         {¶ 2} This matter was referred to a magistrate of this court, pursuant to Civ.R. 53 and LocR. 13(M) of the Tenth District Court of Appeals. The magistrate issued the attached decision, including findings of fact and conclusions of law, and recommended this court dismiss relator's complaint for a writ of prohibition. No objections have been filed to that decision. However, respondent has filed a motion to dismiss pursuant to Civ.R. 12(B)(6).

         {¶ 3} As there have been no objections filed to the magistrate's decision, and it contains no error of law or other defect on its face, based on an independent review of the file, this court adopts the magistrate's decision. Therefore, we dismiss relator's complaint for a writ of prohibition. Respondent's motion to dismiss is rendered moot.

         Action dismissed.

          SADLER and DORRIAN, JJ., concur.

         APPENDIX

         Rendered on August 15, 2018

         IN PROHIBITION ON SUA SPONTE DISMISSAL

         MAGISTRATE'S DECISION

          STEPHANIE BISCA, MAGISTRATE JUDGE

         {¶ 4} Relator, James L. Battin, has filed this original action requesting this court issue a writ of prohibition on grounds that respondent, the Honorable Julie Marie Lynch, judge of the Franklin County Court of Common Pleas, did not have ...


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