State Ex Rel. Cunningham v. Lucci, Unpublished Decision (9-8-2006)

PER CURIAM OPINION

{¶ 1} The instant action in mandamus is before this court for consideration of the motion to dismiss by respondent, Judge Eugene A. Lucci, of the Lake County Court of Common Pleas. In support of his motion to dismiss, respondent contends that the petition filed by relator, Selvin R. Cunningham, is barred for a multitude of reasons and therefore fails to state a claim upon which relief can be granted. For the reasons that follow, we agree with respondent and dismiss relator's petition.

{¶ 2} On November 2, 2005, relator was indicted on the following: one count for failure to…