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STATE EX REL. KIRWAN v. ERIE COUNTY COURT OF COMMON PLEAS

Court of Appeals No. E-11-051.

2011 Ohio 5145

State ex rel. James R. Kirwan, Relator, v. Erie County Court of Common Pleas, Judge Roger E. Binette, Respondent.

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

Decided: September 29, 2011.

Attorney(s) appearing for the Case

James R. Kirwan , pro se.

Kevin J. Baxter , Erie County Prosecuting Attorney, Sandy J. Rubino and Jason R. Hinners , Assistant Prosecuting Attorneys, for respondent.

DECISION AND JUDGMENT

YARBROUGH, J.

{¶ 1} This matter is before the court on motion of respondent, Judge Roger E. Binette, pursuant to Civ.R. 12(B)(6), to dismiss relator's original action seeking a writ of procedendo. For the following reasons, the motion to dismiss shall be granted.

{¶ 2} On July 8, 2011, relator filed a complaint for a writ of procedendo seeking this court to order respondent...

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