Jones v. Reid

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[Cite as Jones v. Reid, 2010-Ohio-781.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94472 STANLEY JONES RELATOR vs. SHERIFF BOB REID, ET AL. RESPONDENTS JUDGMENT: PETITION DENIED Writ of Habeas Corpus Motion No. 430597 Order No. 430752 RELEASE DATE: March 1, 2010 2 FOR RELATOR Stanley Jones, pro se Cuyahoga County Jail P.O. Box 5600 Cleveland, Ohio 44101 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: Katherine Mullin Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., J.: {¶ 1} Stanley Jones, the petitioner, has filed a petition for a writ of habeas corpus. Bob Reid, Cuyahoga County Sheriff, the respondent, has filed a motion for summary judgment, which we grant for the following reasons. {¶ 2} Jones s petition for a writ of habeas corpus is procedurally defective for the following reasons: {¶ 3} (1) petition fails to contain a sworn and notarized affidavit that complies with Loc.App.R. 45(B)(1)(a); {¶ 4} (2) petition fails to contain a sworn and notarized affidavit of indigency; 3 {¶ 5} (3) petition fails to contain a statement that sets forth balance in inmate s account for the preceding six months and/or all of the cash and things of value owned by the inmate, as required by R.C. 2969.25; {¶ 6} (4) petition fails to contain a sworn and notarized affidavit that describes each civil action or appeal filed within the previous five years in any state or federal court; and {¶ 7} (5) petition fails to contain copies of all pertinent commitment papers as required by R.C. 2725.04(D). {¶ 8} See Tisdale v. Eberlin, 114 Ohio St.3d 210, 2007-Ohio-3833, 870 N.E.2d 1191; Chari v. Vore (2001), 91 Ohio St.3d 323, 744 N.E.2d 763. See, also, State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402; Martin v. Woods, 121 Ohio St.3d 609, 2009-Ohio-1928, 906 N.E.2d 1113; State ex rel. Davis, Cuyahoga App. No. 90533, 2008-Ohio-584; Morris v. Bureau of Sentence Computation, Cuyahoga App. No. 89517, 2007-Ohio-1444; State ex rel. McKay v. Corrigan, Cuyahoga App. No. 88340, 2006-Ohio-4775; Humphrey v. Ohio Water Parks, Inc. (1994), 97 Ohio App.3d 403, 646 N.E.2d 908. {¶ 9} It must also be noted that Jones possesses an adequate remedy at law through a direct appeal. R.C. 2937.222(D) provides that an order of the court of common pleas, that denies bail, is a final appealable order. Coe v. 4 McFaul, Cuyahoga App. No. 89749, 2007-Ohio-2104; State v. Russell, Cuyahoga App. No. 89639, 2007-Ohio-1589. {¶ 10} Accordingly, we grant Sheriff Reid s motion for summary judgment. Costs to Jones. It is further ordered that the Clerk of the Eighth District Court of appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B). Petition denied. FRANK D. CELEBREZZE, JR., JUDGE SEAN C. GALLAGHER, A.J., and CHRISTINE T. MCMONAGLE, J., CONCUR

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