State ex rel. Harris v. Brown

• Docket Number: 23AP-21
• Decision Date: 18 January 2024
• Citation: 2024 Ohio 168
• Parties: State ex rel. Jovan Harris, Relator, v. Franklin County Common Pleas Judge [Jeffrey M. Brown], Respondent.
• Court: Ohio Court of Appeals

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2024-Ohio-168

State ex rel. Jovan Harris, Relator,
v.
Franklin County Common Pleas Judge [Jeffrey M. Brown], Respondent.

No. 23AP-21

Court of Appeals of Ohio, Tenth District

January 18, 2024

IN PROCEDENDO ON RESPONDENT'S MOTION TO DISMISS

Jovan Harris, pro se.

G. Gary Tyack, Prosecuting Attorney, and Jennifer Warmolts, for respondent.

DECISION

LUPER SCHUSTER, J.

{¶ 1} Relator, Jovan Harris, filed an original action requesting this court issue a writ of procedendo ordering respondent, Franklin County Court of Common Pleas Judge Patrick E. Sheeran,^[1] to issue a ruling on relator's December 9, 2021 motion for new trial in case No. 12CR-2004. Respondent filed a motion to dismiss.

{¶ 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

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appended decision, including findings of fact and conclusions of law, recommending this court grant respondent's motion to dismiss relator's complaint for a writ of procedendo. No objection to that decision has been filed.

{¶ 3} Finding no error of law or other defect on the face of the magistrate's decision, this court adopts the magistrate's decision as our own, including the findings of fact and conclusions of law contained therein. In accordance with the magistrate's decision, we grant respondent's motion and dismiss this matter.

Motion granted; action dismissed.

DORRIAN and LELAND, JJ., concur.

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Rendered on March 13, 2023

IN PROCEDENDO ON RESPONDENT'S MOTION TO DISMISS

MAGISTRATE'S DECISION

THOMAS W. SCHOLL III MAGISTRATE JUDGE.

{¶ 4} Relator, Jovan Harris, has filed this original action seeking a writ of procedendo ordering respondent, Franklin County Common Pleas Judge Patrick E. Sheeran, to issue a ruling on relator's December 9, 2021, motion for new trial. Respondent has filed a motion to dismiss.

Findings of Fact:

{¶ 5} 1. Respondent is a public official serving as a judge in the Franklin County Court of Common Pleas, Ohio.

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{¶ 6} 2. Relator is a prisoner who was incarcerated at Chillicothe Correctional Institution in Chillicothe, Ohio, at the time he filed this procedendo action.

{¶ 7} 3. On December 9, 2021, relator filed a motion for new trial in Franklin C.P. No. 12CR-2004, over which respondent Judge Patrick E. Sheeran originally presided. Judge Jeffery M. Brown currently presides over the matter and hereafter will be referred to as "respondent."

{¶ 8} 4. On February 1, 2022, in Franklin C.P. No. 12CR-2004, respondent filed an entry denying relator's December 9, 2021, motion for new trial.

{¶ 9} 5. On January 11, 2023, relator filed his complaint in procedendo with this court, requesting that this court order respondent to issue a ruling on relator's December 9, 2021, motion for new trial.

{¶ 10} 6. On January...