State ex rel. Smith v. Richard

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[Cite as State ex rel. Smith v. Richard, 2013-Ohio-4667.] IN THE COURT OF APPEALS FIFTH APPELLATE DISTRICT RICHLAND COUNTY, OHIO STATE OF OHIO EX REL. WILLIAM E. SMITH Petitioner -vsRHONDA RICHARD, Warden Respondent : : : : : : : : : : : : JUDGES: Hon., Patricia A. Delaney P.J. Hon., Sheila G. Farmer J. Hon., John W. Wise J. CASE NO. 13CA46 OPINION CHARACTER OF PROCEEDING: Petition for Writ of Habeas Corpus JUDGMENT: WRIT DISMISSED DATE OF JUDGMENT ENTRY: September 18, 2013 APPEARANCES: For Petitioner Pro se: For Appellee: WILLIAM E. SMITH c/o N.C.I. 15708 St Rt 78 West Caldwell, OH 43724 No Appearance Richland County, Case No. 13CA46 1 Delaney, J., {¶1} corpus. Petitioner, William E. Smith, has filed a complaint for writ of habeas Respondent, Warden Rhonda Richard is warden of the reception center located in Pickaway County, Ohio. Pickaway is not in this Court s jurisdiction. Petitioner has also filed a motion to transfer this cause to the Seventh District Court of Appeals because Petitioner has been moved to Noble County. Noble County is also not in this Court s jurisdiction. {¶2} Under R.C. 2725.03 jurisdiction lies only with the court in whose jurisdiction the institution is located. Starks v. Johnson 2000 WL 652523, 2 (Ohio App. 7 Dist.). {¶3} Because Petitioner Smith 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. {¶4} For these reasons, this complaint is dismissed. By: Delaney, P.J. Farmer, J. and Wise, J. concur ______________________________ HON. PATRICIA A. DELANEY ______________________________ HON. SHEILA G. FARMER ______________________________ HON. JOHN W. WISE IN THE COURT OF APPEALS FIFTH APPELLATE DISTRICT RICHLAND COUNTY, OHIO STATE OF OHIO EX REL. WILLIAM E. SMITH Petitioner -vsRHONDA RICHARD, Warden Respondent : : : : : : : : : : CASE NO. 13CA46 JUDGMENT ENTRY For the reasons stated in our accompanying Memorandum-Opinion, Petitioner s Complaint for Writ of Habeas Corpus is hereby dismissed. Costs to Petitioner. ____________________________ HON. PATRICIA. DELANEY ____________________________ HON. SHEILA G. FARMER ____________________________ HON. JOHN W. WISE

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