Scott v. Sargeant

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[Cite as Scott v. Sargeant, 2009-Ohio-2291.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT SANDUSKY COUNTY Mychal D. Scott Court of Appeals No. S-09-014 Relator v. Judge Harry Sargeant Respondent DECISION AND JUDGMENT Decided: May 14, 2009 ***** Mychal D. Scott, pro se. ***** OSOWIK, J. {¶ 1} This matter is before the court on a second complaint for a writ of mandamus filed by relator, Mychal Scott, on April 1, 2009. In his complaint, relator asks this court to compel respondent, Judge Harry Sargeant, to rule on a postconviction motion filed in case number 06 CR 832, on May 5, 2008. {¶ 2} For the reasons stated in our decision and judgment in case No. S-09-008, we find that relator's complaint in mandamus is defective. Accordingly, the application for a writ of mandamus is dismissed. See Scott v. Sargeant, 6th Dist. No. S-09-008, 2009-Ohio-1745. Costs are assessed against relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal pursuant to Civ.R. 5(B). {¶ 3} It is so ordered. WRIT DENIED. Peter M. Handwork, J. _______________________________ JUDGE Arlene Singer, J. Thomas J. Osowik, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE This decision is subject to further editing by the Supreme Court of Ohio's Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court's web site at: http://www.sconet.state.oh.us/rod/newpdf/?source=6. 2.

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