Opinion
No. 68-652
Decided May 21, 1969.
Habeas corpus — Petitioner confined pursuant to lawful order of court — Petition alleging conclusions, not facts warranting relief — Writ denied.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court.
On January 27, 1966, while petitioner was confined in the Cuyahoga County jail, an affidavit was filed in Probate Court under the provisions of Section 5122.11, Revised Code, alleging that petitioner was mentally ill. A hearing on the matter was held on february 4, 1966, before a referee of the Probate Court wherein the referee found petitioner to be mentally ill. At a subsequent hearing on February 18, 1966, the Probate Court adopted the findings of the referee and ordered the petitioner to be indeterminately hospitalized in Hawthornden State Hospital pursuant to the provisions of Section 5122.15, Revised Code.
The cause is before this court upon a motion to dismiss filed by respondent.
Mr. Nicholas H. DeNiro, in propria persona. Mr. Paul W. Brown, attorney general, and Mr. James S. Rood, for respondent.
Petitioner makes two distinct allegations in his petition: (1) That "he is being denied his life, liberty, and property illegally, without just cause or due process of law by his present incarceration in the Hawthornden State Hospital"; and (2) that "he is having inflicted upon his person unusual punishment by the orders" of respondent, the superintendent of Hawthornden State Hospital.
Inasmuch as it has been brought to the attention of this court by respondent that petitioner is presently confined in Hawthornden State Hospital pursuant to a lawful order of the Probate Court of Cuyahoga County, we find no basis for allowance of the writ under the first allegation contained in the petition. See In re Bartholomew, 88 Ohio St. 601.
Inasmuch as the second allegation represents merely the conclusion of the petitioner and does not specify facts upon which relief might be predicated we find no basis for allowance of the writ under the second allegation of the petition.
Therefore, the motion to dismiss is sustained.
Cause dismissed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, SCHNEIDER, HERBERT and DUNCAN, JJ., concur.