[This opinion has been published in Ohio Official Reports at 78 Ohio St.3d 1209.]

THE STATE EX REL. GRINNELL v. MITCHELL, JUDGE. [Cite as State ex rel. Grinnell v. Mitchell, 1997-Ohio-218.]

Motion to dismiss granted. (No. 97-131—Submitted March 18, 1997—Decided April 30, 1997.)

IN PROCEDENDO.

ON MOTION TO DISMISS. __________________ Timothy Grinnell, pro se.

Mark E. Piepmeier, Special Prosecuting Attorney, and William E. Breyer, Assistant Special Prosecuting Attorney, for respondent. __________________ {¶ 1} The motion to dismiss is granted.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and, JJ., concur.

LUNDBERG STRATTON, J., concurs separately. __________________ LUNDBERG STRATTON, J., concurring. {¶ 2} I concur in the order of dismissal. Although we are not directing the lower court to take immediate action in this matter, I strongly urge the trial count to take note that relator’s motion has been pending for nearly one year and to make the utmost effort to expeditiously rule on this motion. __________________