IN the SUPREME COURT of OHIO State Ex Rel. Dwayne Harris #211

Supreme Court of Ohio Clerk of Court - Filed December 01, 2014 - Case No. 2014-1928

IN THE SUPREME COURT OF OHIO

State ex rel. Dwayne Harris #211-083,

Relator, Case No. 2014-1928 v.

Judge Paul Herbert, et al., ORIGINAL ACTION IN

PROCEDENDO Respondents.

MOTION TO DISMISS RESPONDENT PAUL HERBERT

Andrew D.M. Miller (0074515) Jeffrey C. Rogers (0017245). Assistant City Attorney Assistant Prosecuting Attorney CITY OF COLUMBUS, DEPARTMENT OF LAW FRANKLIN COUNTY, OHIO RICHARD C. PFEIFFER, JR., CITY ATTORNEY RON O'BRIEN, PROSECUTING ATTORNEY 77 North Front Street 373 S. High Street, 13th Floor Columbus, Ohio 43215 Columbus, Ohio 43215 (614) 645-6947 / (614) 645-6949 (fax) (614) 525-3520 / (614) 525-6012 (fax)

Attorney for Respondent Herbert Attorney for Respondents O'Shaughnessy & Biggins Dwayne Harris #211-083 P.O. Box 788 Mansfield, Ohio 44901

Relator, Pro Se

MOTION TO DISMISS

Pursuant to S. Ct. Prac. R. 12.04(A)(1) and Civ. R. 12(B)(1) & (6), Respondent Paul

Herbert respectfully moves this Court for an order dismissing the complaint that was filed

against him by Relator Dwayne Harris on November 8, 6014. The reasons for this motion are set forth more fully in the following memorandum in support.

Respectfully submitted,

/s/ A.D.M. Miller Andrew D.M. Miller (0074515) Assistant City Attorney City of Columbus, Department of Law Richard C. Pfeiffer, Jr., City Attorney 77 North Front Street Columbus, Ohio 43215 (614) 645-6947 / (614) 645-6949 (fax)

Attorney for Respondent Herbert

MEMORANDUM IN SUPPORT

On November 6, 2014, pro se Relator Dwayne Harris commenced an original action in

procedendo against Respondents Paul Herbert, Maryellen O'Shaughnessy, and Elizabeth

Biggins. On November 25, 2014, Respondents O'Shaughnessy and Biggins filed a motion for

dismissal under Civ. R. 12(B)(6). The arguments for dismissal already proffered in that motion

are equally applicable to Respondent Herbert. Accordingly, Respondent Herbert incorporates

those arguments as if fully restated hear and requests dismissal upon the same grounds.

Moreover, Respondent Herbert is a judge on the Franklin County Municipal Court, and

the allegations of Relator's complaint in no way suggest that either Respondent Herbert or the

Franklin County Municipal Court has either refused to render any judgment or has delayed any

proceeding to a judgment.

In light of the foregoing, Respondent Paul Herbert respectfully moves this Court for an order dismissing him from this action.

Respectfully submitted,

/s/ A.D.M. Miller Andrew D.M. Miller (0074515) Assistant City Attorney CITY OF COLUMBUS, DEPARTMENT OF LAW RICHARD C. PFEIFFER, JR., CITY ATTORNEY 77 North Front Street Columbus, Ohio 43215 (614) 645-6947 / (614) 645-6949 (fax)

Attorney for Respondent Herbert

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CERTIFICATE OF SERVICE

I certify that a copy of this Motion to Dismiss was sent by ordinary U.S. mail to the

following individual(s) on December 1, 2014:

Attorney for Respondent Herbert Attorney for Respondents O'Shaughnessy & Biggins Dwayne Harris #211-083 P.O. Box 788 Mansfield, Ohio 44901

Relator, Pro Se

/s/ A.D.M. Miller Andrew D.M. Miller (0074515)

Attorney for Respondent Herbert y

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