Midgett v. Richland Cnty. Sheriff

Full title: DAJUAN MIDGETT Petitioner v. RICHLAND COUNTY SHERIFF Respondent

Court: COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

Date published: May 14, 2020

2020 Ohio 2966 (Ohio Ct. App. 2020)

Opinion

Case No. 20CA41

05-14-2020

DAJUAN MIDGETT Petitioner v. RICHLAND COUNTY SHERIFF Respondent

APPEARANCES: For Petitioner: Dajuan Midgett - #57301 13 East 2nd Street Mansfield, Ohio 44902 For Respondent: Joseph C. Snyder Assistant Prosecutor Richland County Prosecutor's Office 38 South Park Street, Second Floor Mansfield, Ohio 44902

Delaney, J.

JUDGES: Hon. John W. Wise, P.J. Hon. Patricia A. Hon. Earle E. Wise, Jr., J.

OPINION

CHARACTER OF PROCEEDING: Writ of Habeas Corpus JUDGMENT: Dismissed APPEARANCES: For Petitioner: Dajuan Midgett - #57301
13 East 2^nd Street
Mansfield, Ohio 44902 For Respondent: Joseph C. Snyder
Assistant Prosecutor
Richland County Prosecutor's Office
38 South Park Street, Second Floor
Mansfield, Ohio 44902 Delaney, J. {¶1} On May 4, 2020, Petitioner, Dajuan Midgett, filed a Petition for Writ of Habeas Corpus against Respondent, Richland County Sheriff. Mr. Midgett claims he is being restrained of his liberty by the Richland County Sheriff, Steve Sheldon. (Petition at ¶ 1) Mr. Midgett further asserts he is being "unlawfully detained, in contrast to the Ohio Revised Code 2945.71." (Id. at ¶ 3) Mr. Midgett asks the Court to issue a writ of habeas corpus on his behalf. {¶2} Due to the following deficiencies, Mr. Midgett's petition is not sufficient to maintain an action for habeas corpus and his petition is sua sponte dismissed. First, the petition is not verified as required by R.C. 2725.04. The failure to verify the petition requires dismissal. State v. Vore, 91 Ohio St.3d 323, 327, 744 N.E.2d 763 (2001); State ex rel. Crigger v. Ohio Adult Parole Auth., 82 Ohio St.3d 270, 272, 695 N.E.2d 254 (1998). Second, Mr. Midgett did not comply with R.C. 2725.04(D), which requires a copy of the commitment or cause of detention be attached to the petition for writ of habeas corpus. Without the commitment papers, the writ of habeas corpus is fatally defective. Brown v. Rogers, 72 Ohio St.3d 339, 341, 650 N.E.2d 422 (1995). {¶3} For the foregoing reasons, we sua sponte dismiss Mr. Midgett's Petition for Writ of Habeas Corpus. The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R. 58(B).

CAUSE SUA SPONTE DISMISSED.

COSTS TO PETITIONER

IT IS SO ORDERED. By Delaney, J. Wise, P.J. and Wise, Jr., Earle, J. concur.