State ex rel. Moore v. Gillece-Black
This text of 2025 Ohio 5699 (State ex rel. Moore v. Gillece-Black) 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.
Opinion
[Cite as State ex rel. Moore v. Gillece-Black, 2025-Ohio-5699.]
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.
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