David R. Gatto, Petitioner,
v.
Mary A. Falvey, Respondent.
Court of Appeals of Ohio, Fifth District, Stark County.https://leagle.com/images/logo.png
DATE OF JUDGMENT ENTRY: September 21, 2009.
DATE OF JUDGMENT ENTRY: September 21, 2009.
Attorney(s) appearing for the Case
David R. Gatto, Pro se, 2424 Indiana Way N.E., Canton, Ohio 44705, for Petitioner.
Joseph Martuccio, Canton Law Department, By: Brian J. Walter, Assistant City Prosecutor, 218 Cleveland Ave., S.W., P.O. Box 24218, Canton, Ohio 44701, for Respondent.
Before: Hon. Sheila G. Farmer, P.J., Hon. William B. Hoffman, J., Hon. Patricia A. Delaney, J.
Court of Appeals of Ohio, Fifth District, Stark County.
OPINION
HOFFMAN, J.
{¶1} This matter came before the Court upon a "Petetin(sic) for Writ of Prohibition" filed by David Gatto against Judge Mary Falvey of the Canton Municipal Court. Respondent Falvey has filed a Motion to Dismiss pursuant to Civ.R. 12(B)(6) urging dismissal for failure to state a claim upon which relief may be granted. Petitioner has not filed a response to the motion to dismiss.
{¶2} Once the...
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