State v. Maschari

Full title: State of Ohio, ex rel. Michael Carpenter, Relator v. Judge Ann B…

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

Date published: Jun 9, 2003

Court of Appeals No. E-03-029 (Ohio Ct. App. Jun. 9, 2003)

Opinion

Court of Appeals No. E-03-029.

Decided June 9, 2003.

Michael Carpenter, pro se.

DECISION AND JUDGMENT ENTRY

PIETRYKOWSKI, J.

{¶ 1} This matter is before us on relator Michael Carpenter's petition for a writ of procedendo ordering respondent, Judge Ann B. Maschari, to proceed to final judgment on relator's petition for postconviction relief.

{¶ 2} Pursuant to 6th Dist.Loc.App.R. 6, a relator shall "* * * file a praecipe directing the clerk of the court of appeals to serve a copy of the complaint on each other party at the addresses listed in the praecipe." The record before us reveals that relator did not file a praecipe along with his petition. Accordingly, respondent has not been properly served by the clerk with a copy of the petition.

{¶ 3} For this reason, we find the petition for a writ of procedendo not well-taken and denied. This cause is dismissed at relator's costs.

PETITION DENIED.

Richard W. Knepper, J., Mark L. Pietrykowski, J., and Arlene Singer, J.