State v. Adkins, Unpublished Decision (5-12-2004)
State v. Adkins, Unpublished Decision (5-12-2004)
Opinion of the Court
{¶ 2} 6th Dist.Loc.App.R. 6 provides that upon the filing of an original action, the petitioner 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 Adkins did not file a praecipe along with his petition. Accordingly, respondent has not been served with a copy of the petition. Moreover, Adkins' petition is not in the name of the state on the relation of the person applying. Such is required by R.C.
{¶ 3} For these reasons, we find the petition for a writ of procedendo not well-taken and thus deny it. This cause is dismissed at petitioner's costs.
WRIT DISMISSED. Knepper, J., Pietrykowski, J., Lanzinger, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.