State ex rel. Jones v. Bradshaw
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Jones v. Bradshaw, Slip Opinion No. 2009-Ohio-5586.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2009-OHIO-5586 THE STATE EX REL. JONES, APPELLANT, v. BRADSHAW, WARDEN, ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Jones v. Bradshaw, Slip Opinion No. 2009-Ohio-5586.] Habeas corpus Mandamus Dismissal of habeas claim affirmed because petitioner did not attach all pertinent commitment papers Mandamus claim dismissed Mandamus not appropriate vehicle to seek release from prison. (No. 2009-0958 Submitted October 20, 2009 Decided October 28, 2009.) APPEAL from the Court of Appeals for Lorain County, No. 09CA009545. ____________________ Per Curiam. {¶ 1} We affirm the judgment dismissing the petition of appellant, Shigali Jones, for writs of habeas corpus and mandamus to compel his release from prison. Jones s habeas corpus claim is fatally defective and subject to dismissal because he did not attach copies of all of his pertinent commitment SUPREME COURT OF OHIO papers. Knowles v. Voorhies, 121 Ohio St.3d 271, 2009-Ohio-1109, 903 N.E.2d 637. Jones s mandamus claim lacks merit because it is not the appropriate action to seek release from prison. State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329, 2006-Ohio-6572, 859 N.E.2d 928, ¶ 5. Judgment affirmed. MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. PFEIFER, J., dissents and would reverse the judgment of the court of appeals and grant the writ. __________________ Paul Mancino Jr., for appellant. Richard Cordray, Attorney General, and Stephanie Watson, Assistant Attorney General, for appellees. ______________________ 2
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