Henderson v. Houk

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[Cite as Henderson v. Houk, 2009-Ohio-6475.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94254 PAUL S. HENDERSON RELATOR vs. MARE HOUK, WARDEN, LORAIN CORRECTIONAL INSTITUTION RESPONDENT JUDGMENT: WRIT DISMISSED Writ of Habeas Corpus Order No. 94254 RELEASE DATE: December 7, 2009 2 FOR RELATOR Paul S. Henderson, pro se Inmate No. A573-468 N.C.C.T.F. 2000 S. Avon-belden Rd. Grafton, Ohio 44044 FOR RESPONDENT Mare Houk, pro se Warden Lorain Correctional Inst. 2075 S. Avon-belden Rd. Grafton, Ohio 44044 SEAN C. GALLAGHER, J.: {¶ 1} On November 16, 2009, petitioner Paul S. Henderson commenced this habeas corpus action seeking immediate release from prison. We dismiss the petition, sua sponte, for lack of territorial jurisdiction because the petitioner is incarcerated at the N.C.C.T.F. located in Lorain County, Ohio, and is not in the custody of any authority located within Cuyahoga County. See R.C. 2725.03; Bridges v. McMackin (1989), 44 Ohio St.3d 135, 541 N.E.2d 1035; State ex rel. Randy Lewis v. John D. Morgan (June 17, 1999), Cuyahoga App. No. 76314; and State ex rel. Juan Mays v. Gerald T. McFaul (Mar. 18, 1999), Cuyahoga App. No. 75833. The proper forum for a habeas corpus action is the appropriate court within the territory in which the prisoner s institution is located. 3 {¶ 2} It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Costs of this action are assessed against relator. Writ dismissed. SEAN C. GALLAGHER, PRESIDING JUDGE KENNETH A. ROCCO, J., and PATRICIA A. BLACKMON, J., CONCUR

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