Baumgartner v. Emahiser

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[Cite as Baumgartner v. Emahiser, 2002-Ohio-7304.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT OTTAWA COUNTY In re: Elsebeth Baumgartner Joseph Baumgartner 045 Court of Appeals No. OT-02- Petitioner v. Sheriff Craig Emahiser DECISION AND JUDGMENT ENTRY Respondent Decided: December 24, 2002 * * * * * Joseph Baumgartner, pro se. Mark E. Mulligan, Ottawa County Prosecuting Attorney, for respondent. * * * * * RESNICK, M.L., J. {¶1} This matter is before the court on petitioner, Elsebeth Baumgartner's, "petition Corpus." The petition was filed by Joseph Baumgartner on behalf of Elsebeth Baumgartner. motion to dismiss. for writ of Habeas Respondent has filed a Petitioner has filed a motion to strike respondent's motion to dismiss. {¶2} R.C. 4705.01 states: "[N]o person shall be permitted to practice as an attorney and counselor at law, or to commence, conduct, or defend any action or proceeding in which the person is not a party concerned, either by using or subscribing the person's own name, or the name of another person, unless the person has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules." {¶3} Joseph Baumgartner is not a licensed attorney in the state of Ohio. Accordingly, petitioner's application for a writ of habeas corpus is denied. to strike is rendered moot. Petitioner's motion Costs to petitioner. PETITION DENIED. Peter M. Handwork, J. ____________________________ JUDGE Melvin L. Resnick, J. ____________________________ Richard W. Knepper, J. CONCUR. JUDGE ____________________________ JUDGE

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