In re Disqualification of Matia

{¶ 1} Defendant Jesse Prim has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge David T. Matia from presiding over any further proceedings in case No. CR-97-357925, now pending on Prim’s motion for relief from judgment in the Court of Common Pleas of Cuyahoga County.

{¶ 2} Prim alleges that Judge Matia has personal knowledge of material facts regarding Prim’s pending motion and that Judge Matia may be called as a witness at any hearing on the motion.

{¶ 3} Judge Matia has responded in writing to the allegations in Prim’s affidavit. He disclaims any…