Carter v. Franklin County Court of Common Pleas, 06ap-960 (3-25-2008)

DECISION

{¶ 1} Richard Carter filed this action in procedendo, seeking a writ to compel a judge in the Franklin County Court of Common Pleas to issue a ruling on his motion for relief "from unlawful incarceration."

{¶ 2} In accord with Loc.R. 12, the case was referred to a magistrate to conduct appropriate proceedings. On December 31, 2007, the magistrate issued a magistrate's decision which includes a recommendation that we grant summary judgment for the Franklin County Court of Common Pleas because the judge assigned to Richard Carter's case had ruled on Mr. Carter's motion. (Attached as…