State Ex Rel. Durham v. Wilson, Unpublished Decision (2-23-2005)

Ohio Court of Appeals

State Ex Rel. Durham v. Wilson, Unpublished Decision (2-23-2005)

2005 Ohio 757

CourtOhio Court of Appeals

DecidedFebruary 23, 2005

DocketNo. 85928.

StatusUnpublished

Cited by3 cases

This text of 2005 Ohio 757 (State Ex Rel. Durham v. Wilson, Unpublished Decision (2-23-2005)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State Ex Rel. Durham v. Wilson, Unpublished Decision (2-23-2005), 2005 Ohio 757 (Ohio Ct. App. 2005).

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JOURNAL ENTRY AND OPINION {¶ 1} On February 7, 2005, petitioner, Roy A. Durham, Jr., commenced this habeas corpus action seeking immediate release from prison. We dismiss the petition, sua sponte, for lack of territorial jurisdiction because the petitioner is incarcerated at the Trumbull Correctional Institution located in Leavittsburg, Ohio, and is not in the custody of any authority located within Cuyahoga County. See R.C. 2725.03; Bridgesv. McMackin (1989), 44 Ohio St.3d 135, 541 N.E.2d 1035; State ex rel.Randy Lewis v. John D. Morgan (June 17, 1999), Cuyahoga App. No. 76314; and State ex rel. Juan Mays v. Gerald T. McFaul (Mar. 18, 1999), Cuyahoga App. No. 75833. The proper forum for a habeas corpus action is the appropriate court within the territory in which the prisoner's institution is located.

{¶ 2} It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Costs of this action are assessed against relator.

Writ dismissed.

Celebrezze, Jr., P.J., concurs Rocco, J., concurs

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JOURNAL ENTRY AND OPINION {¶ 1} On February 7, 2005, petitioner, Roy A. Durham, Jr., commenced this habeas corpus action seeking immediate release from prison. We dismiss the petition, sua sponte, for lack of territorial jurisdiction because the petitioner is incarcerated at the Trumbull Correctional Institution located in Leavittsburg, Ohio, and is not in the custody of any authority located within Cuyahoga County. See R.C. 2725.03; Bridgesv. McMackin (1989), 44 Ohio St.3d 135, 541 N.E.2d 1035; State ex rel.Randy Lewis v. John D. Morgan (June 17, 1999), Cuyahoga App. No. 76314; and State ex rel. Juan Mays v. Gerald T. McFaul (Mar. 18, 1999), Cuyahoga App. No. 75833. The proper forum for a habeas corpus action is the appropriate court within the territory in which the prisoner's institution is located.

{¶ 2} It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Costs of this action are assessed against relator.

Writ dismissed.

Celebrezze, Jr., P.J., concurs Rocco, J., concurs

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2005 Ohio 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-durham-v-wilson-unpublished-decision-2-23-2005-ohioctapp-2005.

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