State ex rel. Moore v. Gillece-Black

2025 Ohio 5699

Opinion

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN )

STATE OF OHIO EX REL. RAINIER A. MOORE

Relator C.A. No. 25CA012311 v.

WARDEN JENNIFER GILLECE-BLACK ORIGINAL ACTION IN HABEAS CORPUS

Respondent

Dated: December 22, 2025

PER CURIAM.

{¶1} Relator, Rainier Moore, has petitioned this Court for a writ of habeas corpus seeking an order directing Respondent, Warden Gillece-Black, to release him from custody. Because Mr. Moore has been released from custody, his claim is moot and this Court dismisses the petition.

{¶2} At the time Mr. Moore filed this action, he was incarcerated in the Lorain Correctional Institution. While this case was pending, he was released from custody and placed under the supervision of the Adult Parole Authority. See State ex rel. Waterhouse v. Summit County Common Pleas Court, 2023-Ohio-1878, ¶ 2 (“This Court may consider evidence outside the petition to determine that an action is moot.”). “When a petitioner has been released from incarceration, the prisoner’s habeas corpus claim is moot.” Id. at ¶ 3. Accord State ex rel. Johnson

2

v. Foley, 2022-Ohio-3643, ¶ 4 (habeas petition moot where petitioner placed on post-release control while case pending).

{¶3} Because Mr. Moore has been released from custody, his petition is moot. The case is dismissed. Costs of this action are taxed to Mr. Moore. 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).

SCOT A. STEVENSON

FOR THE COURT

CARR, J. HENSAL, J. CONCUR.

APPEARANCES: RAINIER A. MOORE, Pro Se, Relator.

DAVE YOST, Attoorney General, and STEPHANIE L. WATSON, Principal Assistant Attorney General, for Respondent.