State v. Court of Common Pleas, Unpublished Decision (2-25-1998)
State v. Court of Common Pleas, Unpublished Decision (2-25-1998)
Opinion of the Court
* * * * * This matter is before the court on the petition of prose relator, Tyrone E. Watson, requesting that this court issue a writ of mandamus ordering respondent, Judge Resnick, to respond to relator's petition for post-conviction relief.
6th Dist.Loc.App.R. 6 provides that in an original action, the 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.
For this reason, this court finds the petition for a writ of mandamus not well-taken and, thus, the writ is denied. This cause is dismissed at relator's costs.
_______________________________ Peter M. Handwork, P.J. JUDGE
_______________________________ George M. Glasser, J. JUDGE
_____________________________ James R. Sherck, J. JUDGE
CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.