STATE EX REL. SAMPLES v. HEATH

No. 2012CA00035.

2012 Ohio 2880

THE STATE OF OHIO, EX REL. DOUGLAS LEE SAMPLES Relator, v. JUDGE TARYN L. HEATH, STARK COUNTY COURT OF COMMON PLEAS, Respondent.

Court of Appeals of Ohio, Fifth District, Stark County.

June 25, 2012.


Attorney(s) appearing for the Case

DOUGLAS SAMPLES , Pro Se, Inmate No. A541-614, P.O. Box 57, Marion, Ohio 43301, for Relator.

JOHN D. FERRERO, JR. , Stark County Prosecuting Attorney, RONALD MARK CALDWELL , Assistant Prosecuting Attorney, Stark County Prosecutor's Office, Appellate Section, 110 Central Plaza, South — Suite 510, Canton, Ohio 44702-1413, for Respondent.

W. Scott Gwin, P.J., Sheila G. Farmer, J. and Julie A. Edwards, J., Judges.


OPINION

EDWARDS, J.

{¶ 1} Relator, Douglas Samples, has filed a Complaint for Writ of Mandamus and Complaint for Writ of Procedendo. Samples raises five issues which he avers warrant the issuance of a writ. Respondent has filed a motion to dismiss arguing Relator has failed to state a claim upon which relief may be granted.

{¶ 2} For a writ of mandamus to issue, the relator must have a clear legal right to the...

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