Ohio Court of Appeals, 2003

State v. Maschari, Unpublished Decision (6-9-2003)

State v. Maschari, Unpublished Decision (6-9-2003)
Ohio Court of Appeals · Decided June 9, 2003 · PIETRYKOWSKI, J.

State v. Maschari, Unpublished Decision (6-9-2003)

Opinion of the Court

DECISION AND JUDGMENT ENTRY {¶ 1} This matter is before us on relator Michael Carpenter's petition for a writ of procedendo ordering respondent, Judge Ann B. Maschari, to proceed to final judgment on relator's petition for postconviction relief.

{¶ 2} Pursuant to 6th Dist.Loc.App.R. 6, a 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.

{¶ 3} For this reason, we find the petition for a writ of procedendo not well-taken and denied. This cause is dismissed at relator's costs.

PETITION DENIED.
Richard W. Knepper, J., Mark L. Pietrykowski, J., and Arlene Singer, J.

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