State ex rel. Moore v. Gillece-Black

2025 Ohio 5699

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.