Thomas v. Tibbals

2011 Ohio 6087

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97519

GARY THOMAS

RELATOR

vs.

WARDEN TERRY TIBBALS

RESPONDENT

JUDGMENT:

PETITION DISMISSED

Writ of Habeas Corpus

Order No. 449455

RELEASE DATE: November 21, 2011

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FOR RELATOR

Gary Thomas, pro se Inmate #A601-988 Mansfield Correctional Institution 1150 N. Main Street Mansfield, Ohio 44901

ATTORNEY FOR RESPONDENT WARDEN TERRY TIBBALS

Mike DeWine Ohio Attorney General

By: Gregory T. Hartke Assistant Attorney General Criminal Justice Section – Habeas Unit State Office Building, 11th Floor 615 West Superior Avenue Cleveland, Ohio 44113-1899

COLLEEN CONWAY COONEY, J.:

{¶ 1} Gary Thomas has filed a petition for a writ of habeas corpus seeking immediate release from prison. Sua sponte, we dismiss the petition for lack of territorial jurisdiction because Thomas is incarcerated at the Mansfield Correctional Institution located in Mansfield, Ohio.

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{¶ 2} One of the basic requirements for the issuance of a writ of habeas corpus is that, regardless of where the petitioner was convicted, the petition can only be brought and proceed in the county where he is actually incarcerated. Bridges v. McMackin (1989), 44 Ohio St.3d 135, 541 N.E.2d 1035. This court does not possess the authority to order the release of a person from prison unless the prison lies within our territorial jurisdiction, which is Cuyahoga County. State ex rel. Durham v. Wilson, Cuyahoga App. No. 85928, 2005-Ohio-757; State ex rel. Lewis v. Morgan (June 17, 1999), Cuyahoga App. No. 76314; State ex rel. Mays v. McFaul (Mar. 18, 1999), Cuyahoga App. No. 75833. Since Thomas is not incarcerated in Cuyahoga County, we lack jurisdiction to address the petition for a writ of habeas corpus.

{¶ 3} Accordingly, we sua sponte dismiss the petition for a writ of habeas corpus.

Costs to Thomas. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice upon all parties as required by Civ.R. 58(B).

Petition dismissed.

__________________________________________

COLLEEN CONWAY COONEY, JUDGE

MARY J. BOYLE, P.J., and KATHLEEN ANN KEOUGH, J., CONCUR