People of the State of Ohio v. Davis , 2022 Ohio 3137 ( 2022 )

[Cite as People of the State of Ohio v. Davis, 2022-Ohio-3137.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
PEOPLE OF THE STATE OF OHIO, :
Respondent, :
No. 111869
v. :
ROBERT DAVIS, :
Relator. :
JOURNAL ENTRY AND OPINION
JUDGMENT: DISMISSED
DATED: September 6, 2022
Writ of Habeas Corpus
Order No. 557516
Appearances:
Robert Davis, pro se
EILEEN T. GALLAGHER, J.:
Robert Davis has filed a document captioned “writ of habeas corpus.”
Sua sponte, we dismiss Davis’s request for a writ of habeas corpus because of
numerous procedural defects.
I. Proper Party
R.C. 2725.04 provides that an application for a writ of habeas corpus
must be brought by petition, signed, and verified by the party that seeks relief, or by
some person for the party and requires the petition to specifically name the officer
or person in whose custody the prisoner is confined or restrained. R.C. 2725.04(B).
Davis has failed to name any law enforcement officer or penal institution as
respondent and thus has failed to comply with R.C. 2725.04(B). State ex rel.
Sherrills v. State, 91 Ohio St.3d 133, 742 N.E.2d 651 (2001); Whitman v. Shaffer,
8th Dist. Cuyahoga No. 94486, 2010-Ohio-446.
II. Civ.R. 10 Caption
Civ.R. 10(A) requires a complaint to include the names and addresses
of all parties in the caption. Civ.R. 10(A) applies to Davis’s request for habeas
corpus, which this court is treating as a petition. Kneuss v. Sloan, 146 Ohio St.3d
248, 2016-Ohio-3310, 54 N.E.3d 1242. The failure of Davis to comply with Civ.R.
10(A) provides sufficient grounds to dismiss the request for a writ of habeas corpus.
Greene v. Turner, 151 Ohio St.3d 513, 2017-Ohio-8305, 90 N.E.3d 901.
III. Verified Petition
R.C. 2725.04 requires that a petition for a writ of habeas corpus must
be verified. Herein, Davis has failed to verify his request for habeas corpus, which
requires dismissal. Chari v. Vore, 91 Ohio St.3d 323, 744 N.E.2d 763 (2001); State
ex rel. Crigger v. Ohio Adult Parole Auth., 82 Ohio St.3d 270, 695 N.E.2d 254(1998). In Vore, the Ohio Supreme Court firmly established that an unverified
petition for habeas corpus must be dismissed.
IV. Jurisdiction
Finally, this court lacks jurisdiction to hear the request for a writ of
habeas corpus. The exhibit attached to Davis’s request for habeas corpus
demonstrates that he is currently incarcerated at the Ottawa County Correctional
Facility, West Olive, Michigan. Jurisdiction over habeas corpus lies only in the
county where the inmate is actually incarcerated. R.C. 2725.03; Bridges v.
McMackin, 44 Ohio St.3d 135, 541 N.E.2d 1035 (1989); McAllister v. Ohio Adult
Parole Auth., 7th Dist. Harrison No. 06 HA 583, 2006-Ohio-3697; Mott v. Sheriff
of Hamilton Cty., 48 Ohio App.3d 84, 85, 548 N.E.2d 301 (1st Dist.1988).
Accordingly, we sua sponte dismiss the request for a writ of habeas
corpus. Costs to Davis. The clerk directs the clerk of courts to serve all parties with
notice of this judgment and the date of entry upon the journal as required by Civ.R.
58(B).
Dismissed.
EILEEN T. GALLAGHER, JUDGE
LISA B. FORBES, P.J., and
CORNELIUS J. O’SULLIVAN, JR., J., CONCUR