State ex rel. Carpenter v. Maschari, Judge

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[Cite as State ex rel. Carpenter v. Maschari, Judge, 2003-Ohio-3093.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY State of Ohio, ex rel. Michael Carpenter Court of Appeals No. E-03-029 Relator v. Judge Ann B. Maschari, Erie County Common Pleas Court DECISION AND JUDGMENT ENTRY Respondent Decided: June 9, 2003 ***** Michael Carpenter, pro se. ***** PIETRYKOWSKI, J. {¶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. _______________________________ JUDGE Mark L. Pietrykowski, J. Arlene Singer, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE 2.

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