Matter of Corley, Unpublished Decision (5-6-1999)

Ohio Court of Appeals

Matter of Corley, Unpublished Decision (5-6-1999)

Ohio Court of Appeals·Decided May 6, 1999·No. No. 76377·Unpublished

Opinion

Sua sponte, Complaint for a Writ of Habeas Corpus is dismissed for failure to comply with R.C. 2725.04(D) which requires that a copy of the commitment or cause of detention be submitted when applying for habeas relief or that a showing be made of the fact that a detention is without legal authority. State ex rel. Wynnv. McFaul(1998), 81 Ohio St.3d 193, 690 N.E.2d 7; Bloss v.Rogers(1992), 65 Ohio St.3d 145, 602 N.E.2d 602.

In addition, petitioner did not name as a respondent the person maintaining the alleged illegal custody over him and has failed to provide this court with a detailed affidavit in support of the complaint as required by Loc.App.R. 45(B)(1)(a). Again, dismissal is warranted. State ex rel. Mancini v. Dunning(Mar. 16, 1999), Cuyahoga App. No. 76129-30, unreported; State ex rel.Rolling v. State of Ohio(Dec. 21, 1998), Cuyahoga App. No. 75696, unreported.

Accordingly, case is dismissed. Costs to petitioner.

DYKE, J., and POCCO, J. CONCUR.

___________________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE

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Sua sponte, Complaint for a Writ of Habeas Corpus is dismissed for failure to comply with R.C. 2725.04(D) which requires that a copy of the commitment or cause of detention be submitted when applying for habeas relief or that a showing be made of the fact that a detention is without legal authority. State ex rel. Wynnv. McFaul(1998), 81 Ohio St.3d 193, 690 N.E.2d 7; Bloss v.Rogers(1992), 65 Ohio St.3d 145, 602 N.E.2d 602.

In addition, petitioner did not name as a respondent the person maintaining the alleged illegal custody over him and has failed to provide this court with a detailed affidavit in support of the complaint as required by Loc.App.R. 45(B)(1)(a). Again, dismissal is warranted. State ex rel. Mancini v. Dunning(Mar. 16, 1999), Cuyahoga App. No. 76129-30, unreported; State ex rel.Rolling v. State of Ohio(Dec. 21, 1998), Cuyahoga App. No. 75696, unreported.

Accordingly, case is dismissed. Costs to petitioner.

DYKE, J., and POCCO, J. CONCUR.

___________________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE

Matter of Corley, Unpublished Decision (5-6-1999), (Ohio Ct. App. 1999).

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