Hill v. Cook

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[Cite as Hill v. Cook, 2010-Ohio-2716.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT DARNELL D. HILL Petitioner JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J. -vsBRIAN COOK, WARDEN Respondent Case No. 2010CA00077 OPINION CHARACTER OF PROCEEDING: Writ of Habeas Corpus JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: June 14, 2010 APPEARANCES: For Petitioner For Respondent DARNELL D. HILL #A203-099 Madison Correctional Institution P. O. Box 740 1851 State Route 56 London, OH 43140-0740 NO APPEARANCE Stark County, Case No. 2010CA00077 2 Farmer, J. {¶1} Petitioner Darnell Hill has filed a Petition for Writ of Habeas Corpus and a Motion for Judgment on the Pleadings. In his Petition, Hill avers he is imprisoned in Madison Correctional Institution in London, Ohio. Because Petitioner Hill is not located within this Court s territorial jurisdiction, the instant cause of action must be dismissed for lack of jurisdiction. R.C. 2725.03 and Bridges v. McMackin (1989), 44 Ohio St.3d 135, 541 N.E.2d 1035. A petition for habeas corpus must be filed where the person being detained is physically located. Id. {¶2} For this reason, the Motion for Judgment on the Pleadings is denied, and the Petition is dismissed. {¶3} MOTION DENIED. {¶4} CAUSE DISMISSED. {¶5} COSTS TO PETITIONER. {¶6} IT IS SO ORDERED. By Farmer, J. Hoffman, P. J. and Wise, J. concur. _s/ Sheila G. Farmer__________________ _s/ William B. Hoffman________________ _s/ John W. Wise_____________________ JUDGES Stark County, Case No. 2010CA00077 3 IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT DARNELL D. HILL Petitioner -vsBRIAN COOK, WARDEN Respondent : : : : : : : : : JUDGMENT ENTRY Case No. 2010CA00077 For the reasons stated in our accompanying Memorandum-Opinion, the Motion for Judgment on the Pleadings is denied, and the Petition is dismissed. Cost to Petitioner. _s/ Sheila G. Farmer__________________ _s/ William B. Hoffman________________ _s/ John W. Wise_____________________ JUDGES

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