Opinion
CASE NO. 14 BE15
05-12-2014
ALPHONSO HOWARD, PETITIONER, v. MICHELE MILLER, WARDEN, RESPONDENT.
For Petitioner: Alphonso Howard, Pro-se Inmate #494548 Belmont Correctional Institution For Respondent: Mike DeWine Ohio Attorney General Maura O'Neill Jaite Assistant Attorney General Ohio Attorney General's Office Criminal Justice Section
OPINION
AND
JUDGMENT ENTRY
CHARACTER OF PROCEEDINGS:
Petition for Writ of Habeas Corpus JUDGMENT:
Petition Dismissed. Respondent's
Motion to Dismiss Granted.
APPEARANCES:
For Petitioner:
Alphonso Howard, Pro-se
Inmate #494548
Belmont Correctional Institution
For Respondent: Mike DeWine
Ohio Attorney General
Maura O'Neill Jaite
Assistant Attorney General
Ohio Attorney General's Office
Criminal Justice Section
JUDGES:
Hon. Mary DeGenaro
Hon. Joseph J. Vukovich
Hon. Cheryl L. Waite
PER CURIAM.
{¶1} Petitioner Alphorrso Howard is an inmate at the Belmont Correctional Institution in St. Clairsville, Ohio. On March 28, 2014, he filed a petition for writ of habeas corpus against Respondent Michelle Miller, the Warden at that institution. Respondent has filed a motion to dismiss and/or for summary judgment in response.
{¶2} Petitioner was found guilty of forty counts of importuning and sentenced to a total of eleven years and five months in prison. The Eighth District affirmed that judgment in State v. Howard, 8th Dist. No. 88237, 2007-Ohio-991. Petitioner sought relief in habeas corpus on the ground that his trial counsel was ineffective. That action was dismissed due to several procedural defects and failure to state a claim in habeas corpus. Howard v. McFaul, 8th Dist. No. 90530, 2007-Ohio-5531, ¶1.
{¶3} Petitioner here has failed to attach any pertinent commitment papers to his petition as required by R.C. 2725.04(D). Failure to attach copies of commitment papers, such as the judgment entry of sentence, as part of the original filing of the petition for habeas corpus requires the dismissal of the petition. Clark v. Miller, 7th Dist. No. 13 BE 13, 2013-Ohio-2958, ¶1, citing Bloss v. Rogers, 65 Ohio St.3d 145, 146, 602 N.E.2d 602 (1992).
{¶4} Accordingly, Respondent's motion is granted and the petition for writ of habeas corpus is dismissed. Costs taxed against Petitioner. Final order. Clerk to serve notice as provided by the Civil Rules. DeGenaro, P.J., concurs. Vukovich, J, concurs. Waite, J., concurs.