Full Opinion

[Cite as State ex rel. Shank v. Medina Cty. Court of Common Pleas, 2026-Ohio-4325.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF MEDINA ) STATE OF OHIO EX REL. PATRICK J. C.A. No. 2026CA0085-M SHANK Relator v. THE COURT OF COMMON PLEAS ORIGINAL ACTION IN MEDINA COUNTY, OHIO, et al. MANDAMUS AND PROCEDENDO Respondents Dated: November 2, 2026 PER CURIAM. {¶1} Relator, Patrick Shank, has petitioned this Court for writs of mandamus and procedendo. Because Mr. Shank has not named any respondents who can grant relief, this Court must dismiss his petition. {¶2} When a petitioner seeking a writ of procedendo or mandamus fails to name any party who can grant the relief requested, the petition is “fatally defective” and should be dismissed. See State ex rel. Johnson v. Jensen, 2014-Ohio-3159, ¶ 5. Mr. Shank’s petition, which was filed on October 5, 2026, names two respondents: “the Court of Common Pleas Medina County, Ohio” and Judge James L. Kimbler. “[I]t is well established that a court of common pleas is not sui juris. . . .” Seelbaugh v. Montgomery Cty. Ct. of Common Pleas, Div. of Domestic Rel., 2025-Ohio- 5297, ¶ 8. Consequently, by naming the Medina County Court of Common Pleas as a respondent, Mr. Shank named an entity that cannot be sued, and his petition must be dismissed as to that entity. 2 Johnson at ¶ 5. In addition, because Judge Kimbler retired from office before the petition was filed, he could not perform the acts requested then, and he cannot perform those acts now. Id. at ¶ 6. Consequently, he cannot be subject to any legal duty to do so, and this case must be dismissed with respect to him. Id. See also State ex rel. Gutierrez v. Wiest, 2026-Ohio-2866, ¶ 4 (9th Dist.). {¶3} Mr. Shank has not named any respondents who can grant the relief requested. His petition is therefore fatally defective, and it is dismissed. See id. at ¶ 4. Costs taxed to Mr. Shank. The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R. 58(B). JILL FLAGG LANZINGER FOR THE COURT STEVENSON, J. MANNING, J. CONCUR. APPEARANCES: PATRICK SHANK, Pro Se, Relator. S. FORREST THOMPSON, Prosecuting Attorney, for Respondents.