State ex Rel. Carpenter v. Kelsey

Full title: State of Ohio, ex rel., Robert E. Carpenter, Relator, v. Judge Reeve…

Court: Court of Appeals of Ohio, Sixth District, Wood County

Date published: Feb 17, 2011

2011 Ohio 863 (Ohio Ct. App. 2011)

Opinion

No. WD-10-061.

Decided: February 17, 2011.

Robert E. Carpenter, pro se.

Paul A. Dobson, Wood County Prosecuting Attorney, and David E. Romaker, Jr., Assistant Prosecuting Attorney, for respondent.

DECISION AND JUDGMENT

SINGER, J.

{¶ 1} Respondent, Judge Reeve Kelsey, has filed a motion to dismiss the original action in procedendo filed by relator, Robert E. Carpenter. Respondent states that this action is now moot, since he complied with relator's request and ruled on his pending "MOTION FOR RELIEF AFTER JUDGMENT" allegedly filed on June 3, 2010. Relator has filed no response to respondent's motion to dismiss.

{¶ 2} Accordingly, relator's complaint for writ of procedendo is dismissed. Costs assessed to respondent.

{¶ 3} Pursuant to Civ. R. 58(B), the clerk is directed to serve upon all parties, within three days, a copy of this decision in a manner prescribed by Civ. R. 5(B).

{¶ 4} It is so ordered.

WRIT DENIED.

Peter M. Handwork, J., Mark L. Pietrykowski, J., Arlene Singer, J., CONCUR.