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 Durham v. Wilson, Unpublished Decision (2-23-2005)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 Durham v. Wilson, Unpublished Decision (2-23-2005)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

Ohio Court of Appeals·Decided February 23, 2005·No. No. 85928.·Unpublished·Cited by 3 cases

Opinion

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

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 Durham v. Wilson, Unpublished Decision (2-23-2005), 2005 Ohio 757 (Ohio Ct.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

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