Henderson v. Shaffer

Full title: Paul S. Henderson, Petitioner v. Warden Shaffer, Respondent

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Feb 9, 2010

2010 Ohio 447 (Ohio Ct. App. 2010)

Opinion

No. 94583.

RELEASE DATE: February 9, 2010.

Writ of Habeas Corpus, Order No. 430763.

PETITION DISMISSED.

Paul S. Henderson, pro se, Cuyahoga County Jail, for Petitioner.

William D. Mason, Cuyahoga County Prosecutor, Attorney for Respondent.

JOURNAL ENTRY AND OPINION

MELODY J. STEWART, P.J.:

{¶ 1} Petitioner, Paul S. Henderson, is the defendant in State v. Henderson, Cuyahoga County Court of Common Pleas Case No. CR-530899. He filed a "petition for writ of habeas corpus" which is clearly captioned "In the Court of Common Pleas Cuyahoga County." The caption also includes "Case No. 09-530899." Due to a clerical error, the clerk accepted Henderson's petition for filing in this court.

{¶ 2} Accordingly, we dismiss this action sua sponte and instruct the clerk to file Henderson's petition in the court of common pleas. See State v. Nero, Cuyahoga App. No. 85599, 2004-Ohio-6845. Each party to bear its own costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ. R. 58(B).

Petition dismissed.

MARY J. BOYLE, J., and FRANK D. CELEBREZZE, JR., J., CONCUR