Brock v. Moore

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Brock v. Moore, Slip Opinion No. 2013-Ohio-70.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2013-OHIO-70 BROCK, APPELLANT, v. MOORE,1 WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Brock v. Moore, Slip Opinion No. 2013-Ohio-70.] Habeas corpus Untimely notice of appeal from court of appeals judgment Appeal dismissed Vexatious-litigator finding. (No. 2012-1716 Submitted January 9, 2013 Decided January 17, 2013.) APPEAL from the Court of Appeals for Warren County, No. CA2012-05-043. __________________ Per Curiam. {¶ 1} We dismiss the appeal of appellant, Dennis R. Brock, from the judgment of the court of appeals dismissing his petition for a writ of habeas corpus. Brock failed to file a timely notice of appeal from the court of appeals July 5, 2012 judgment dismissing his petition. Former S.Ct.Prac.R. 2.2(A)(1)(a) ( To perfect an appeal from a court of appeals to the Supreme Court, * * * the appellant shall file a notice of appeal in the Supreme Court within forty-five days 1. This suit was filed against Timothy Brunsman, who was the warden of Lebanon Correctional Institution when the suit was filed. The current warden is Ernie Moore. SUPREME COURT OF OHIO from the entry of the judgment being appealed ) (now S.Ct.Prac.R. 7.01(A)(1)(a)(i), effective January 1, 2013). The court of appeals August 6, 2012 entry striking Brock s motion for reconsideration and motion for certification due to lack of service and September 20, 2012 entry denying Brock s motion for review of judgment did not extend his time to appeal the judgment dismissing his habeas corpus petition. State ex rel. Manuel v. Stenson, 126 Ohio St.3d 52, 2010Ohio-2673, 930 N.E.2d 310.2 Moreover, Brock s motion for reconsideration was a nullity because his habeas corpus petition was an original action in the court of appeals, and thus App.R. 26(A) was inapplicable. Phillips v. Irwin, 96 Ohio St.3d 350, 2002-Ohio-4758, 774 N.E.2d 1218, ¶ 5. {¶ 2} In addition, upon appellee s request, we find Dennis R. Brock to be a vexatious litigator under S.Ct.Prac.R. 4.03(B). See State v. Brock, 120 Ohio St.3d 1421, 2008-Ohio-6166, 897 N.E.2d 654; State v. Brock, 122 Ohio St.3d 1457, 2009-Ohio-3131, 908 N.E.2d 947; State v. Brock, 129 Ohio St.3d 1410, 2011-Ohio-3244, 949 N.E.2d 1005; State v. Brock, 128 Ohio St.3d 1513, 2011Ohio-2686, 948 N.E.2d 449; Brock v. Niemeyer, 130 Ohio St.3d 80, 2011-Ohio4704, 955 N.E.2d 981. Accordingly, it is ordered by the court that Dennis R. Brock is prohibited from continuing or instituting legal proceedings in this court without first obtaining leave. Any request shall be submitted to the clerk of this court for the court s review. Appeal dismissed. O CONNOR, C.J., and PFEIFER, O DONNELL, LANZINGER, KENNEDY, FRENCH, and O NEILL, JJ., concur. _________________ Dennis R. Brock, pro se. 2. We deny Brock s pending motions as moot. 2 January Term, 2013 Michael DeWine, Attorney General, and Stephanie Watson, Assistant Attorney General, for appellee. ______________________ 3

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