Henderson v. Shaffer

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[Cite as Henderson v. Shaffer, 2010-Ohio-447.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94583 PAUL S. HENDERSON PETITIONER vs. WARDEN SHAFFER RESPONDENT JUDGMENT: PETITION DISMISSED Writ of Habeas Corpus Order No. 430763 RELEASE DATE: FOR PETITIONER February 9, 2010 2 Paul S. Henderson, pro se Inmate No. 88969 Cuyahoga County Jail P.O. Box 5600 Cleveland, Ohio 44101 ATTORNEY FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 MELODY J. STEWART, P.J.: {¶ 1} Petitioner, Paul S. Henderson, is the defendant in State v. Henderson, Cuyahoga County Court of Common Pleas Case No. CR-530899. He filed a petition for writ of habeas corpus which is clearly captioned In the Court of Common Pleas Cuyahoga County. The caption also includes Case No. 09-530899. Due to a clerical error, the clerk accepted Henderson s petition for filing in this court. {¶ 2} Accordingly, we dismiss this action sua sponte and instruct the clerk to file Henderson s petition in the court of common pleas. See State v. Nero, Cuyahoga App. No. 85599, 2004-Ohio-6845. Each party to bear its own costs. 3 The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). Petition dismissed. MELODY J. STEWART, PRESIDING JUDGE MARY J. BOYLE, J., and FRANK D. CELEBREZZE, JR., J., CONCUR

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