Midgett v. Richland Cty. Sheriff

[Cite as Midgett v. Richland Cty. Sheriff, 2020-Ohio-2966.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
DAJUAN MIDGETT : JUDGES:
:
Petitioner : Hon. John W. Wise, P.J.
: Hon. Patricia A. Delaney, J.
: Hon. Earle E. Wise, Jr., J.
-vs- :
:
RICHLAND COUNTY SHERIFF : Case No. 20CA41
:
Respondent : OPINION
CHARACTER OF PROCEEDING: Writ of Habeas Corpus
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: May 14, 2020
APPEARANCES:
For Petitioner: For Respondent:
Dajuan Midgett - #57301 Joseph C. Snyder
13 East 2nd Street Assistant Prosecutor
Mansfield, Ohio 44902 Richland County Prosecutor’s Office
38 South Park Street, Second Floor
Mansfield, Ohio 44902
Richland County, Case No. 20CA41 2
Delaney, J.
{¶1} On May 4, 2020, Petitioner, Dajuan Midgett, filed a Petition for Writ of Habeas
Corpus against Respondent, Richland County Sheriff. Mr. Midgett claims he is being
restrained of his liberty by the Richland County Sheriff, Steve Sheldon. (Petition at ¶ 1)
Mr. Midgett further asserts he is being “unlawfully detained, in contrast to the Ohio
Revised Code 2945.71.” (Id. at ¶ 3) Mr. Midgett asks the Court to issue a writ of habeas
corpus on his behalf.
{¶2} Due to the following deficiencies, Mr. Midgett’s petition is not sufficient to maintain
an action for habeas corpus and his petition is sua sponte dismissed. First, the petition is
not verified as required by R.C. 2725.04. The failure to verify the petition requires
dismissal. State v. Vore, 91 Ohio St. 3d 323, 327, 744 N.E.2d 763 (2001); State ex rel.
Crigger v. Ohio Adult Parole Auth., 82 Ohio St. 3d 270, 272, 695 N.E.2d 254 (1998).
Second, Mr. Midgett did not comply with R.C. 2725.04(D), which requires a copy of the
commitment or cause of detention be attached to the petition for writ of habeas corpus.
Without the commitment papers, the writ of habeas corpus is fatally defective. Brown v.
Rogers, 72 Ohio St. 3d 339, 341, 650 N.E.2d 422 (1995).
Richland County, Case No. 20CA41 3
{¶3} For the foregoing reasons, we sua sponte dismiss Mr. Midgett’s Petition for Writ of
Habeas Corpus. 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).
CAUSE SUA SPONTE DISMISSED.
COSTS TO PETITIONER
IT IS SO ORDERED.
By Delaney, J.
Wise, P.J. and
Wise, Jr., Earle, J. concur.
[Cite as Midgett v. Richland Cty. Sheriff, 2020-Ohio-2966.]