Hill v. Ohio Adult Parole Auth.

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[Cite as Hill v. Ohio Adult Parole Auth., 2010-Ohio-2858.] 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. Patricia A. Delaney, J. -vsCase No. 2010CA00076 OHIO ADULT PAROLE AUTHORITY Respondent OPINION CHARACTER OF PROCEEDING: Declaratory Judgment JUDGMENT: Dismissed for Want of Jurisdiction DATE OF JUDGMENT ENTRY: June 21, 2010 APPEARANCES: For Petitioner For Respondent DARNELL D. HILL, PRO SE Madison Correctional Institution P.O. Box 740 - #A203-099 1851 State Route 56 London, Ohio 43140-0740 RYAN G. DOLAN Assistant Attorney General Criminal Justice Section 150 East Gay St., 16th Floor Columbus, Ohio 43215-6001 Stark County, Case No. 2010CA00076 2 Hoffman, P.J. {¶1} Petitioner, Darnell D. Hill, has filed a Motion for Declaratory Judgment as an original action in this Court. Respondent has filed a Motion to Dismiss to which Petitioner has filed a response in opposition. Respondent urges this Court to dismiss the instant cause of action for lack of jurisdiction. {¶2} Courts of appeal do not have original jurisdiction over declaratory judgment actions. State ex rel. McGrath v. Ohio Adult Parole Auth. 100 Ohio St.3d 72, 73, 796 N.E.2d 526, 528 (Ohio, 2003). For this reason, Respondent s motion to dimiss is granted, and this case is dismissed for want of jurisdiction. {¶3} MOTION GRANTED. {¶4} CAUSE DISMISSED. {¶5} COSTS TO PETITIONER. {¶6} IT IS SO ORDERED. By: Hoffman, P.J. Farmer, J. and Delaney, J. concur s/ William B. Hoffman _________________ HON. WILLIAM B. HOFFMAN s/ Sheila G. Farmer___________________ HON. SHEILA G. FARMER s/ Patricia A. Delaney _________________ HON. PATRICIA A. DELANEY Stark County, Case No. 2010CA00076 3 IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT DARNELL D. HILL Relator -vsOHIO ADULT PAROLE AUTHORITY Respondent : : : : : : : : : JUDGMENT ENTRY Case No. 2010CA00076 For the reason stated in our accompanying Memorandum-Opinion, Respondent s motion is granted, and this case is dismissed for want of jurisdiction. MOTION GRANTED. CAUSE DISMISSED. COSTS TO PETITIONER. IT IS SO ORDERED. s/ William B. Hoffman _________________ HON. WILLIAM B. HOFFMAN s/ Sheila G. Farmer __________________ HON. SHEILA G. FARMER s/ Patricia A. Delaney _________________ HON. PATRICIA A. DELANEY

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